A 372
[Subsidiary]
CAP. 4
The Rules of the Supreme Court-Order 113 [1988 Ed.
(c) that he does not know the name of any person occupying the land who is not named in the summons.
Service of originating summons (O. 113, r. 4)
4.
(1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him---
(a) personally, or
(HK)(aa) by sending a copy of the summons and of the affidavit by ordinary post to him at the premises, or
(b) by leaving a copy of the summons and of the affidavit, or sending them to him, at the premises, or
(c) in such other manner as the Court may direct.
(2) The summons shall, in addition to being served on the named defendants (if any) in accordance with paragraph (1), be served, unless the Court otherwise directs, by-
(a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises, and
(b) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers".
(2A) Every copy of an originating summons for service under paragraph (1) or (2) shall be sealed with the seal of the Supreme Court.
(3) Order 28, rule 3, shall not apply to proceedings under this Order.
Application by occupier to be made a party (O. 113, r. 5)
5. Without prejudice to Order 15, rules 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.
Order for possession (O. 113, r. 6)
6. (1) A final order shall not be made on the originating summons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service.
(2) An order for possession in proceedings under this Order shall be in Form No. 42A in Appendix A.
(3) Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.
A 372
[Subsidiary]
CAP. 4
The Rules of the Supreme Court-Order 113 [1988 Ed.
(c) that he does not know the name of any person occupying
the land who is not named in the summons.
Service of originating summons (O. 113, r. 4)
4.
(1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him---
(a) personally, or
(HK)(aa) by sending a copy of the summons and of the affidavit by
ordinary post to him at the premises, or
(b) by leaving a copy of the summons and of the affidavit, or
sending them to him, at the premises, or
(c) in such other manner as the Court may direct.
(2) The summons shall, in addition to being served on the named defendants (if any) in accordance with paragraph (1), be served, unless the Court otherwise directs, by-
(a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the prem- ises, and
(b) if practicable, inserting through the letter-box at the prem- ises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers”. (2A) Every copy of an originating summons for service under paragraph (1) or (2) shall be sealed with the seal of the Supreme Court. (3) Order 28, rule 3, shall not apply to proceedings under this Order.
Application by occupier to be made a party (O. 113, r. 5)
5. Without prejudice to Order 15, rules 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.
Order for possession (O. 113, r. 6)
6. (1) A final order shall not be made on the originating summons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service.
(2) An order for possession in proceedings under this Order shall be in Form No. 42A in Appendix A.
(3) Nothing in this Order shall prevent the Court from order- ing possession to be given on a specified date, in exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.
No comments yet.
Private notes are available after approval.