386
Dismissal for non-prosecu- tion.
When returnable.
Mode of service.
Service on
representatives
and others.
RULES OF SUPREME COURT IN CHINA
to serve the defendant, or for other good reason, may order_that_the summons be renewed for six months from the date of renewal, and so, from time to time, during the currency of the renewed summons.
(4) The summons shall be renewed by being resealed with the seal of the Court, and a note being made thereon by the Registrar, stating the renewal and the date thereof.
(5) A summons so renewed shall remain in force and be available to prevent the operation of any statute of limitation, and for all other purposes, as from the date of the original summons.
(6) The production of a summons purporting to be so renewed shall be sufficient evidence of the renewal and of the commencement of the action, as of the date of the original summons, for all purposes.
106. If an action is not proceeded with and disposed of within twelve months from service of the original summons, the Court may, if it thinks fit, without application by any party, order the same to be dismissed for failure to proceed.
Service.
107. Every suminons shall be returnable at a Court to b held not less than seven clear days after the service.
But a summons may be issued returnable at any shorter period on the production to the Registrar of an affidavit by the plaintiff or some one aware of the fact that the defendant is about to remove out of the jurisdiction of the Court, and the Court may, on the return day, on the proof of the service of the writ of summons, proceed with the trial of the action.
108.-(1) With the original summons the Registrar shall issue a copy for service, which shall also bear the seal of the Court.
(2) Service of a summons shall be made by an officer of the Court, unless in any case the Court thinks fit otherwise to direct.
(3) Service shall not be made except under an order of the Court indorsed on or subscribed or annexed to the suminons, which order is part of the summons to be served.
(4) Except as otherwise provided in these Rules, and unless the Court thinks it just and expedient otherwise to direct, service shall be personal, that is, the summons shall be delivered to the person to be served himself.
(5) An order for service may be varied from time to time with respect to the mode of service directed by the order.
(6) Service not required to be personal shall be made before 5 o'clock in the evening; if made after that hour it shall be considered as made on the following day, and if after that hour on Saturday as made on the following Monday.
(7) Service shall not be made on Sunday, Christmas Day or Good Friday.
(8) Ordinarily service shall not be made out of the particular jurisdiction, except under an order for that purpose made by the Court within whose jurisdiction service is to be made, which order may be made on the request of the Court issuing the summons.
(9) Where, however, the urgency or other peculiar circumstances of the case appear to any Court so to require (for reasons recorded in the Minutes), the Court may order that service be made out of its particular jurisdiction.
109. When the sunmons is addressed to :-
(1) An infant-service shall be effected by delivering the summons to his father or guardian, or, if none, to the person with whom he
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