A 104
CAP. 41
[Subsidiary]
App. A. Forms 8, 10.
The Rules of the Supreme Court Order 28 (1988 Ed.)
(3) Without prejudice to the generality of paragraph (2), the Court shall, at as early a stage of the proceedings on the summons as appears to it to be practicable, consider whether there is or may be a dispute as to fact and whether the just, expeditious and economical disposal of the proceedings can accordingly best be secured by hearing the summons on oral evidence or mainly on oral evidence and, if it thinks fit, may order that no further evidence shall be filed and that the summons shall be heard on oral evidence or partly on oral evidence and partly on affidavit evidence, with or without cross-examination of any of the deponents, as it may direct.
(4) Without prejudice to the generality of paragraph (2), and subject to paragraph (3), the Court may give directions as to the filing of evidence and as to the attendance of deponents for cross-examination and any directions which it could give under Order 25 if the cause or matter had been begun by writ and the summons were a summons for directions under that Order.
Adjournment of summons (O. 28, r. 5)
5. (1) The hearing of the summons by the Court may (if necessary) be adjourned from time to time, either generally or to a particular date, as may be appropriate, and the powers of the Court under rule 4 may be exercised at any resumed hearing.
(2) If the hearing of the summons is adjourned generally, the party on whose application the day for its hearing was fixed under rule 2 may restore it to the list on 2 days' notice to all the other parties (except, unless the Court otherwise directs, a defendant who, in the case of a summons in Form No. 8 in Appendix A, has failed to acknowledge service of the summons or, in the case of a summons in Form No. 10 in Appendix A, has not been served with the summons), and any of those parties may restore it with the leave of the Court.
Applications affecting party who has failed to acknowledge service (O. 28, r. 6)
6. Where in a cause or matter begun by originating summons an application is made to the Court for an order affecting a party who has failed to acknowledge service of the summons, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party has so failed.
Counterclaim by defendant (O. 28, r. 7)
7. (1) A defendant to an action begun by originating summons who has acknowledged service of the summons and who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in respect of any matter (whenever and however arising) may make a counterclaim in the action in respect of that matter instead of bringing a separate action.
A 104
CAP. 41
[Subsidiary]
App. A. Forms 8, 10.
The Rules of the Supreme Court Order 28 (1988 Ed.
(3) Without prejudice to the generality of paragraph (2), the Court shall, at as early a stage of the proceedings on the summons as appears to it to be practicable, consider whether there is or may be a dispute as to fact and whether the just, expeditious and economical disposal of the proceedings can accordingly best be secured by hearing the summons on oral evidence or mainly on oral evidence and, if it thinks fit, may order that no further evidence shall be filed and that the summons shall be heard on oral evidence or partly on oral evidence and partly on affidavit evidence, with or without cross-examination of any of the deponents, as it may direct.
(4) Without prejudice to the generality of paragraph (2), and subject to paragraph (3), the Court may give directions as to the filing of evidence and as to the attendance of deponents for cross- examination and any directions which it could give under Order 25 if the cause or matter had been begun by writ and the summons were a summons for directions under that Order.
Adjournment of summons (O. 28, r. 5)
5. (1) The hearing of the summons by the Court may (if necessary) be adjourned from time to time, either generally or to a particular date, as may be appropriate, and the powers of the Court under rule 4 may be exercised at any resumed hearing.
(2) If the hearing of the summons is adjourned generally, the party on whose application the day for its hearing was fixed under rule 2 may restore it to the list on 2 days' notice to all the other parties (except, unless the Court otherwise directs, a defendant who, in the case of a summons in Form No. 8 in Appendix A, has failed to acknowledge service of the summons or, in the case of a summons in Form No. 10 in Appendix A, has not been served with the sum- mons), and any of those parties may restore it with the leave of the Court.
Applications affecting party who has failed to acknowledge service
(0. 28, r. 6)
6. Where in a cause or matter begun by originating summons an application is made to the Court for an order affecting a party who has failed to acknowledge service of the summons, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party has so failed.
Counterclaim by defendant (O. 28, r. 7)
7. (1) A defendant to an action begun by originating sum- mons who has acknowledged service of the summons and who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in respect of any matter (whenever and however arising) may make a counterclaim in the action in respect of that matter instead of bringing a separate action.
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