272
RULES OF SUPREME COURT
Order to show cause
Return-day.
Counter nfidavit,
Proceedings on return-day.
Application for.
Contents of.
Proceedings on return-day.
Ex parte orders.
Time for
leave.
151. An order to show cause shall specify a day when cause is to be shewn, to be called the return-day to the order, which shall ordinarily be not less than four days after service.
A person served with an order to show cause may, before the return day, file affidavits in order to contradict the evidence used in obtaining the order, or setting forth other facts on which he relies, to induce the Court to discharge such order.
On the return-day, if the persons served do not appear, in
person or by counsel or attorney, and it appears to the Court that the service on all proper parties has not been duly effected, the Court may enlarge the time and direct further service, or make such order as seems just.
If the persons served appear, or the Court is satisfied that service on all proper parties has been duly effected, the Court may proceed with the matter.
The Court may either discharge the order, or make the same absolute, ---or adjourn the consideration thereof or permit further affidavits to be filed in support of or against the order,—and may modify the terms of the order so as to meet the merits of the case,-and may make the order so modified absolute,-and may, if the order against which cause is shown is substantially divisible into two or more parts, divide the same, and deal in different ways with the separate parts as seems fit; and the Court, as part of its order, may impose terms as to costs or other things on the parties, or any of them, as seems just.
Summons
152. An interlocutory application for summons need not be made in writing, but may be made in person either by the applicant himself, or by his counsel or attorney.
If the Court considers that a summons ought to be granted it may issue a summons ordering the person to whom it is directed to attend at the time and place specified therein, either in person or by counsel or attorney, and briefly but distinctly setting forth the nature of the par- ticular application.
The summons shall be headed in the suit or other proceeding.
On the return-day of the summons, if the person to whom the summons is directed attends, or in his absence on proof of service, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a summary way.
The Court shall take a note of the material evidence if taken viva voce. The Court may adjourn the hearing of any summons when necessary.
VII. APPEAL TO SUPREME Court
I.—In General
153. An appeal does not lie from an order made ex parte.
Any person aggrieved by such an order must apply to the Court by which it is made to vary or discharge it.
154. Application for leave to appeal must be made to the Court whose application for decision is to be appealed from, by motion, ex parte, ordinarily within seven days after the decision to be appealed from is given, but afterwards by special leave of the Court.
Execution of
pending appeal.
155. 1f leave to appeal is applied for by a person directed by a decree decree or order or order to pay money, or do any other act, the Court below shall direct either that the decision appealed from be carried into execution, or that the execution thereof be suspended pending the appeal, as the Court considers to be in accordance with substantial justice.
Security.
If the Court directs the decision to be carried into execution, the person in whose favour it is given shall, before the execution of it, give security to the satisfaction of the Court for the due performance of such
order as the Supreme Court may make. Google
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