CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1119
evidence for all purposes of its having been so renewed and of the commencement of the action as on the date of the original issue of the writ.
17. Where a writ of summons of which production is necessary has been lost, the court, on being satisfied of the loss and of the correctness of a copy of the writ, may order that such copy shall be sealed and served and have effect in lieu of the original writ.
Case of lost writ.
on petition.
18. Nothing herein before contained with respect to a writ of summons shall be deemed to apply to proceedings which may now be heard on petition without preliminary service on any party, but all petitions shall be subject to the rules hereinafter contained with respect to pleading and to the form and contents of a statement of claim, so far as they are applicable to the subject-matter thereof.
Specially indorsed writ.
19. In any action where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising—
(1) on a contract, express or implied, (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or
(2) on a bond or contract under seal for payment of a liquidated amount of money; or
(3) on any enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
(4) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or
(5) on a trust,
the writ of summons may, at the option of the plaintiff, be specially indorsed with a statement of his claim or of the relief or remedy to which he claims to be entitled.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1119
evidence for all purposes of its having been so renewed and of the commencement of the action as on the date of the original issue of the writ.
17. Where a writ of summons of which production is necessary has been lost, the court, on being satisfied of the loss and of the correctness of a copy of the writ, may order that such copy shall be sealed and served and have effect in lieu of the original writ.
Case of lost 8, r. 3.
writ.
on petition.
18. Nothing herein before contained with respect to a writ Saving as to of summons shall be deemed to apply to proceedings which proceedings may now be heard on petition without preliminary service II. K. Code, on any party, but all petitions shall be subject to the rules 8.9 (5), hereinafter contained with respect to pleading and to the form and contents of a statement of claim, so far as they are applicable to the subject-matter thereof.
Specially indorsed writ.
19. In any action where the plaintiff seeks only to recover Right to in- a debt or liquidated demand in money payable by the defend- dorse writ ant, with or without interest, arising--
specially in action for debt or liquidated
(1) on a contract, express or implied, (as, for instance, on demand. a bill of exchange, promissory note, or cheque, or other 0.3, r. 6. simple contract debt); or
[cf. s. 146 (2).]
(2) on a bond or contract under seal for payment of a liquidated amount of money; or
(3) on any enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
(4) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liqui- dated demand only; or
(5) on a trust,
the writ of summons may, at the option of the plaintiff, be Schedule. specially indorsed with a statement of his claim or of the Form No. 2. relief or remedy to which he claims to be entitled.
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