1964_RULES_OF_THE_SUPREME_COURT — Page 161

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1988 Ed.] The Rules of the Supreme Court-Order 43

[CAP. 4

A 161

[Subsidiary]

ORDER 43

ACCOUNTS AND INQUIRIES

Summary order for account (O. 43, r. 1)

1. (1) Where a writ is indorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has acknowledged service of the writ or after the time limited for acknowledging service, apply for an order under this rule.

(1A) A defendant to an action begun by writ who has served a counterclaim, which includes a claim for an account or a claim which necessarily involves taking an account, on-

(a) the plaintiff, or

(b) any other party, or

(2) An application under this rule must be made by summons and, if the Court so directs, must be supported by affidavit or other evidence.

(3) On the hearing of the application, the Court may, unless satisfied that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on taking the account to be due to either party be paid to him within a time specified in the order.

Court may direct taking of accounts, etc. (O. 43, r. 2)

2. (1) The Court may, on an application made by summons at any stage of the proceedings in a cause or matter, direct any necessary accounts or inquiries to be taken or made.

(2) Every direction for the taking of an account or the making of an inquiry shall be numbered in the judgment or order so that, as far as may be, each distinct account and inquiry may be designated by a number.

Directions as to manner of taking account or making inquiry (O. 43, r. 3)

3. (1) Where the Court orders an account to be taken or inquiry to be made it may by the same or a subsequent order give directions with regard to the manner in which the account is to be taken or vouched or the inquiry is to be made.

(2) Without prejudice to the generality of paragraph (1), the Court may direct that in taking an account the relevant books of account shall be evidence of the matters contained therein with liberty to the parties interested to take such objections thereto as they think fit.

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1988 Ed.] The Rules of the Supreme Court-Order 43 [CAP. 4 A 161 [Subsidiary] ORDER 43 ACCOUNTS AND INQUIRIES Summary order for account (O. 43, r. 1) 1. (1) Where a writ is indorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has acknowledged service of the writ or after the time limited for acknowledging service, apply for an order under this rule. (1A) A defendant to an action begun by writ who has served a counterclaim, which includes a claim for an account or a claim which necessarily involves taking an account, on- (a) the plaintiff, or (b) any other party, or (c) any person who becomes a party by virtue of such service, may apply for an order under this rule. (2) An application under this rule must be made by summons and, if the Court so directs, must be supported by affidavit or other evidence. (3) On the hearing of the application, the Court may, unless satisfied that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on taking the account to be due to either party be paid to him within a time specified in the order. Court may direct taking of accounts, etc. (O. 43, r. 2) 2. (1) The Court may, on an application made by summons at any stage of the proceedings in a cause or matter, direct any necessary accounts or inquiries to be taken or made. (2) Every direction for the taking of an account or the making of an inquiry shall be numbered in the judgment or order so that, as far as may be, each distinct account and inquiry may be designated by a number. Directions as to manner of taking account or making inquiry (O. 43, r. 3) 3. (1) Where the Court orders an account to be taken or inquiry to be made it may by the same or a subsequent order give directions with regard to the manner in which the account is to be taken or vouched or the inquiry is to be made. (2) Without prejudice to the generality of paragraph (1), the Court may direct that in taking an account the relevant books of account shall be evidence of the matters contained therein with liberty to the parties interested to take such objections thereto as they think fit.

Baseline (Original)

1988 Ed.] The Rules of the Supreme Court-Order 43 [CAP. 4 A 161 [Subsidiary] ORDER 43 ACCOUNTS AND INQUIRIES Summary order for account (O. 43, r. 1) 1. (1) Where a writ is indorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has acknowledged service of the writ or after the time limited for acknowledging service, apply for an order under this rule. (IA) A defendant to an action begun by writ who has served a counterclaim, which includes a claim for an account or a claim which necessarily involves taking an account, on- (a) the plaintiff, or (b) any other party, or (c) any person who becomes a party by virtue of such service, may apply for an order under this rule. (2) An application under this rule must be made by summons and, if the Court so directs, must be supported by affidavit or other evidence. (3) On the hearing of the application, the Court may, unless satisfied that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on taking the account to be due to either party be paid to him within a time specified in the order. Court may direct taking of accounts, etc. (O. 43, r. 2) 2. (1) The Court may, on an application made by summons at any stage of the proceedings in a cause or matter, direct any necessary accounts or inquiries to be taken or made. (2) Every direction for the taking of an account or the making of an inquiry shall be numbered in the judgment or order so that, as far as may be, each distinct account and inquiry may be designated by a number. Directions as to manner of taking account or making inquiry (O. 43, r. 3) 3. (1) Where the Court orders an account to be taken or inquiry to be made it may by the same or a subsequent order give directions with regard to the manner in which the account is to be taken or vouched or the inquiry is to be made. (2) Without prejudice to the generality of paragraph (1), the Court may direct that in taking an account the relevant books of account shall be evidence of the matters contained therein with liberty to the parties interested to take such objections thereto as they think fit.

2026-05-05 10:18:29 · Baseline

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