1126
[s. 42 contd.]
O. 11, r. 4.
O. 11, r. 5.
O. 11, r. 6. Schedule. Form No. 8a.
O. 11, r. 7.
O. 11, r. 3.
O. 11, r. 8.
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
(f) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or
(g) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction.
(2) Every application for leave to serve a writ of summons or notice of a writ of summons on a defendant out of the jurisdiction shall be supported by affidavit or other evidence, stating that, in the belief of the deponent, the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a British subject or not, and the grounds on which the application is made; and no such leave shall be granted unless it is made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this section.
(3) Any order giving leave to effect such service shall limit a time after the service within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served.
(4) When the defendant is neither a British subject nor in British dominions, notice of writ, in Form No. 8a in the Schedule, and not the writ itself, is to be served upon him.
(5) Where leave is given under this section to serve notice of a writ of summons out of the jurisdiction, such notice shall be served in the manner in which writs of summons are served; and whenever in any section of this Code a writ of summons and service of a writ of summons out of the jurisdiction is referred to, it shall be held to apply, mutatis mutandis, where the defendant is not a British subject, to notice of a writ and the serving of notice of a writ of summons respectively.
(6) This section shall apply to writs of summons and notices of writs of summons in probate actions.
(7) The court or a judge may direct that any summons, order or notice, shall be served on any party or person in a foreign country and the procedure prescribed by this section with reference to service of notice of a writ of summons shall apply to the service of any summons, order or notice so directed to be served.
1126
[s. 42 contd.]
O. 11, r. 4.
0. 11, r. 5.
O. 11, r. 6. Schedule. Form No. 8a.
O. 11, r. 7.
O. 11, r. 3.
O. 11, г. 8.
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
(f) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdic- tion is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or
I
(g) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction.
(2) Every application for leave to serve a writ of summons or notice of a writ of summons on a defendant out of the jurisdiction shall be supported by affidavit or other evidence, stating that, in the belief of the deponent, the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a British subject or not, and the grounds on which the application is made; and no such leave shall be granted unless it is made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this section.
(3) Any order giving leave to effect such service shall limit a time after the service within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served.
(4) When the defendant is neither a British subject nor in British dominions, notice of writ, in Form No. Sa in the Schedule, and not the writ itself, is to be served upon him.
(5) Where leave is given under this section to serve notice of a writ of summons out of the jurisdiction, such notice. shall be served in the manner in which writs of summons are served; and whenever in any section of this Code a writ of summons and service of a writ of summons out of the jurisdiction is referred to, it shall be held to apply, mutatis mutandis, where the defendant is not a British subject, to notice of a writ and the serving of notice of a writ of summons respectively.
(6) This section shall apply to writs of summons and notices of writs of summons in probate actions.
(7) The court or a judge may direct that any summons, order or notice, shall be served on any party or person in a foreign country and the procedure prescribed by this section with reference to service of notice of a writ of summons shall apply to the service of any summons, order or notice so directed to be served.
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