1122
No. 3 of 1901.
Issue of originating summons.
CODE OF CIVIL PROCEDURE.
Originating summons.
26. An originating summons shall be prepared by the applicant or his solicitor, and shall be signed by the Registrar and sealed with the seal of the court, and shall thereupon be deemed to be issued.
27. The applicant or his solicitor shall leave with the Registrar a copy of the summons signed by the applicant or by or in the name of his solicitor, and such copy shall be filed by the Registrar.
Filing of copy of originating summons.
Appearance to originating summons.
28.-(1) Every party served with an originating summons shall, before he is heard, enter an appearance in the Registry.
(2) A party so served may appear at any time before the hearing of the summons.
(3) If he appears at any time after the time limited by the summons for appearance, he shall not, unless the court otherwise orders, be entitled to any further time for any purpose than if he had appeared according to the summons.
29.-(1) The day and hour for attendance under an originating summons shall, after appearance, be fixed by notice, sealed with the seal of the court.
(2) The notice shall be served on the defendant or respondent by delivering a copy thereof at the address for service named in the memorandum of appearance of such defendant or respondent not less than four days before the return-day.
Attendance under originating summons.
Provisions relating to solicitors.
30.-(1) Every solicitor whose name is indorsed on a writ of summons shall, on demand in writing made by or on behalf of any defendant who has been served therewith or has appeared thereto, declare forthwith in writing whether such writ has been issued by him or with his authority or privity.
(2) If such solicitor declares that the writ was not issued by him or with his authority or privity, all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereupon without leave of the court.
1122
No. 3 of 1901.
Issue of
originating
summons.
CODE OF CIVIL PROCEDURE.
Originating summons.
26. An originating summons shall be prepared by the applicant or his solicitor, and shall be signed by the 0. 54, r. 4 B. Registrar and sealed with the seal of the court, and shall there- Forms Nos. 3, upon be deemed to be issued.
Schedule.
4, 5.
Filing of copy of originating
27. The applicant or his solicitor shall leave with the Registrar a copy of the summons signed by the applicant or by or in the name of his solicitor, and such copy shall be 0: 54, r. 4 p. filed by the Registrar.
summons.
Appearance
28.-(1) Every party served with an originating summons to originating shall, before he is heard, enter an appearance in the Registry.
summons.
0. 54, r. 4 c.
Attendance under originating
summons.
0.54, r. 4D. Schedule. Form No. 6.
Disclosure by soliciter whose name is indorsed on writ.
0.7, r. 1.
(2) A party so served may appear at any time before the hearing of the summons.
(3) If he appears at any time after the time limited by the summons for appearance, he shall not, unless the court other- wise orders, be entitled to any further time for any purpose than if he had appeared according to the summons.
29.-(1) The day and hour for attendance under an originating summons shall, after appearance, be fixed by notice, sealed with the seal of the court.
(2) The notice shall be served on the defendant or respond- ent by delivering a copy thereof at the address for service named in the memorandum of appearance of such defendant or respondent not less than four days before the return-day.
Provisions relating to solicitors.
30.--(1) Every solicitor whose name is indorsed on a writ of summons shall, on demand in writing made by or on behalf of any defendant who has been served therewith or has appeared thereto, declare forthwith in writing whether such writ has been issued by him or with his authority or privity.
(2) If such solicitor declares that the writ was not issued by him or with his authority or privity, all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereupon without leave of the court.
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