1964_DISTRICT_COURT_CIVIL_PROCEDURE_(GENERAL)_RULES — Page 27

1983 Ed.]

District Court Civil Procedure (General) Rules

[CAP. 336

A 27

[Subsidiary]

(a) where the order is for-

(i) the payment of a lump sum or costs; or

(ii) maintenance or other periodical payments, and it appears to him that the order would have been varied or suspended if the judgment debtor had made an application for that purpose,

make a new order for payment of the amount due under the original order, together with the costs of the judgment summons, either at a specified time or by instalments;

(b) where the judgment debtor fails to attend, adjourn the summons to a specified time on a specified day and order the judgment debtor to attend at that time on that day; or

(c) where the judgment debtor, having been ordered under sub-paragraph (b) to attend at a specified time on a specified day, fails to do so, or where the judgment debtor attends, but fails to show cause why an order of commit- ment should not be made against him, make an order for the commitment of the judgment debtor.

(6) If the judge makes an order of commitment, he may direct its execution to be suspended on terms that the judgment debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original order.

(7) All payments under a new order or an order of commit- ment shall be made to the judgment creditor unless the judge otherwise directs.

(8) Where an order of commitment is suspended on such terms as are mentioned in paragraph (6)——

(a) all payments thereafter made by the judgment debtor to

the judgment creditor in their respective capacities of judgment debtor and judgment creditor shall be deemed to be made, first, in or towards the discharge of any further sums from time to time accruing due under the original order and, secondly, in or towards the discharge of the amount in respect of which the judgment summons was issued and the costs of the summons; and

(b) an order of commitment so suspended shall not be issued until the judgment creditor has filed an affidavit of default on the part of the judgment debtor.

61C. (1) R.S.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases) shall apply to a judgment summons as if it were an originating summons.

(2) Witnesses may be summoned to prove the means of the judgment debtor in the same manner as witnesses are summoned to

Special provisions as to judgment

summons.

L.N. 12 78.