710
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Schedule. Form No. 8b.
Schedule. Form No. 8c.
Schedule. Form No. 8e.
Schedule. Form No. 8c.
Schedule. Form No. 8d.
Service of process for foreign court: letter of request.
O.11, r. 9.
8b in the Schedule with such variations as circumstances may require.
(ii) The party bespeaking a copy of notice of writ for service under this section shall, at the time of bespeaking the same, file a præcipe in Form No. 8c in the Schedule.
(iii) An official certificate, or declaration upon oath, or otherwise, transmitted through the diplomatic channel by the Government or court of a foreign country to which this section applies, to the Supreme Court, shall, provided that it certifies or declares the notice of the writ to have been personally served or to have been duly served upon the defendant in accordance with the law of such foreign country, or words to that effect, be deemed to be sufficient proof of such service, and shall be filed of record as, and be equivalent to, an affidavit of service within the requirements of this section in that behalf.
(iv) Where an official certificate or declaration transmitted to the Supreme Court in manner provided in paragraph (iii) certifies or declares that efforts to serve a notice of writ have been without effect, the court or a judge may, upon the ex parte application of the plaintiff, order that the plaintiff be at liberty to bespeak a request for substituted service of such notice. Such order shall be in Form No. 8e in the Schedule with such variations as circumstances may require.
(v) A request for substituted service of a notice of writ under this section may be bespoken by the plaintiff at the Registry upon filing a præcipe in Form No. 8c in the Schedule, and the notice of writ and copy of the same, and the order shall be sealed and transmitted to the Colonial Secretary in manner aforesaid together with a request in Form No. 8d in the Schedule, with such variations as circumstances may require.
Service of process for foreign tribunals.
42A. Where in any civil or commercial matter pending before a court or tribunal of a foreign country a letter of request from such court or tribunal for service on any person in this Colony of any process or citation in such matter is transmitted to the Supreme Court by the Colonial Secretary with an intimation that it is desirable that effect should be given to the same, the following procedure shall be adopted-
* As amended by Law Rev. Ords., 1937 and 1939.
710
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Schedule. Form No.
8b.
Schedule. Form No. 8c.
Schedule. Form No. 8e.
Schedule.
Form No. 8c.
Schedule. Form No.
8d.
Service of process for
foreign court: letter of request.
0.11,
r.
9.
8b in the Schedule with such variations as circumstances may require.
(ii) The party bespeaking a copy of notice of writ for service under this section shall, at the time of bespeaking the same, file a præcipe in Form No. 8c in the Schedule.
(iii) An official certificate, or declaration upon oath, or otherwise, transmitted through the diplomatic channel by the Government or court of a foreign country to which this section applies, to the Supreme Court, shall, provided that it certifies or declares the notice of the writ to have been personally served or to have been duly served upon the defendant in accordance with the law of such foreign country, or words to that effect, be deemed to be sufficient proof of such service, and shall be filed of record as, and be equivalent to, an affidavit of service within the requirements of this section in that behalf.
(iv) Where an official certificate or declaration transmitted to the Supreme Court in manner provided in paragraph (iii) certifies or declares that efforts to serve a notice of writ have been without effect, the court or a judge may, upon the ex parte application of the plaintiff, order that the plaintiff be at liberty to bespeak a request for substituted service of such notice. Such order shall be in Form No. 8e in the Schedule with such variations as circumstances may require.
(v) A request for substituted service of a notice of writ under this section may be bespoken by the plaintiff at the Registry upon filing a præcipe in Form No. 8c in the Schedule, and the notice of writ and copy of the same, and the order shall be sealed and transmitted to the Colonial Secretary in manner aforesaid together with a request in Form No. 8d in the Schedule, with such variations as circumstances may require.
Service of process for foreign tribunals.
42A. Where in any civil or commercial matter pending before a court or tribunal of a foreign country a letter of request from such court or tribunal for service on any person in this Colony of any process or citation in such matter is transmitted to the Supreme Court by the Colonial Secretary with an intima- tion that it is desirable that effect should be given to the same, the following procedure shall be adopted-
* As amended by Law Rev. Ords., 1937 and 1939.
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