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S.I. No. 15/1986 - The Rules of the Superior Courts

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1986 S.I. No. 15/1986 - The Rules of the Superior Courts S.I. No. 15/1986 - The Rules of the Superior Courts AmendmentsLeasuithe S.I. No. 15 of 1986. THE RULES OF THE SUPERIOR COURTS We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court. Dated this 19 day of December 1985. Tomas A. Finlay Harry Hill Liam Hamilton Frederick Morris Brian Walsh Mary Laffoy Frank Griffin W. B. Allen Seán Gannon D. R. Pigot Mella Carroll I concur in the making of the annexed Rules of Court. Dated this 17th day of January 1986. MICHAEL NOONAN, Aire Dli agus Cirt. THE RULES OF THE SUPERIOR COURTS The following Rules (which may be cited as "The Rules of the Superior Courts" or, in the abbreviated form, "R.S.C.") shall come into operation on the 1st day of October, 1986, and shall on and after that date apply, where appropriate, to all proceedings in causes or matters whether then pending or commenced thereafter. As and from the said date the Orders and Rules specified in Appendix Z hereto shall stand annulled. TABLE OF CONTENTS Page THE RULES OF THE SUPERIOR COURTS 1 Order 1 COMMENCEMENT OF PROCEEDINGS 3 2 PROCEDURE BY SUMMARY SUMMONS 4 3 PROCEDURE BY SPECIAL SUMMONS 5 4 I. INDORSEMENT OF CLAIM 7 II. INDORSEMENT OF ADDRESS 11 5 ISSUE OF SUMMONSES AND PETITIONS 11 6 CONCURRENT SUMMONSES 15 7 SOLICITORS 16 8 RENEWAL OF SUMMONS 17 9 SERVICE OF SUMMONS: I. Mode of service 19 II. On particular defendants 19 III. In particular actions 20 IV. General 21 10 SUBSTITUTED SERVICE 22 11 SERVICE OUT OF THE JURISDICTION 22 12 APPEARANCE 27 13 DEFAULT OF APPEARANCE 33 14 ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN 39 15 PARTIES: I. General 42 II. Person under disability 45 III. Administration and execution of trusts 46 16 THIRD-PARTY PROCEDURE 50 17 CHANGE OF PARTIES BY DEATH, &c. 55 18 JOINDER OF CAUSES OF ACTION 58 19 PLEADING GENERALLY 60 20 STATEMENT OF CLAIM 66 21 DEFENCE AND COUNTER CLAIM 67 22 PAYMENT INTO AND OUT OF COURT AND TENDER 71 23 REPLY AND SUBSEQUENT PLEADINGS 78 24 MATTERS ARISING PENDING THE ACTION 79 25 TRIAL OF POINT OF LAW 80 26 DISCONTINUANCE 80 27 DEFAULT OF PLEADING 81 28 AMENDMENT 85 29 SECURITY FOR COSTS 88 30 SIDE-BAR ORDERS 89 31 INTERROGATORIES, DISCOVERY AND INSPECTION 90 32 ADMISSIONS 97 33 ISSUES, ACCOUNTS AND INQUIRIES 99 34 SPECIAL CASE 101 35 ISSUES OF FACT WITHOUT PLEADINGS 103 36 TRIAL:0.0104167> I. Place and mode of trial 104 II. Notice of trial and setting down 106 III. Papers for Judge 108 IV. Proceedings at trial 109 V. Reference to Master as to damages 111 37 HEARING OF PROCEEDINGS COMMENCED BY SUMMARY SUMMONS 112 38 HEARING OF PROCEEDING S COMMENCED BY SPECIAL SUMMONS 115 39 EVIDENCE: I. General 117 II. Examination of witnesses 118 III. Subphoena 122 IV. Perpetuating testimony 123 V. Obtaining evidence for foreign tribunals 124 40 AFFIDAVITS: I. General 125 II. Affidavits and evidence before the Master or the Examiner 129 III. Trial on affidavit 130 41 MOTION FOR JUDGMENT AND ENTRY OF JUDGMENT 131 42 EXECUTION: I. General 135 II. Discovery in aid of execution and in proceedings under the Debtors Act (Ireland), 1872 141 43 ORDERS OF FIERI FACIAS AND SEQUESTRATION 142 44 ATTACHMENT AND COMMITAL:0.0104167> I. General 143 II. The Debtors Act (Ireland), 1872 144 45 I. ATTACHMENT OF DEBTS 145 II. RECEIVERS BY WAY OF EQUITABLE EXECUTION 147 46 CHARGING ORDERS AND STOP ORDER: I. Orders charging stocks and shares 148 II. Orders charging interest of partner 148 III. Notice to restrain transfer of stock 149 IV. Stop orders 150 47 ORDER OF POSSESSION 151 48 ORDER OF DELIVERY 153 49 HEARING, TRANSFER AND CONSOLIDATION 153 50 I.INTERLOCUTORY ORDERS 155 II. RECEIVERS AND ADMINISTRATORS PENDENTE LITE 158 III. GUARDIANS 160 51 SALES BY THE COURT 160 52 MOTIONS AND OTHER APPLICATIONS 162 53 SOLICITORS: I. General 167 II. Application for admission as a solicitor 167 III. Disciplanary provisions 168 IV. Appeals and applications to the President under Parts IV, V, and VI of the Act of 1954 169 V. Applications relating to the control of a solicitor's property 170 VI. Applications relating to client's property 171 54 ADMINISTRATION, TRUSTS AND MORTGAGES 172 55 THE EXAMINER: I. Powers and duties 174 II. Documents to be left at the Examiner's Office 175 III. Notice to proceed 176 IV. Appointment Book 177 V. Attendances 178 VI. Advertisements for creditors and claimants 179 VII. Interest 182 VIII. Examiner's certificate 182 IX. Miscellaneous 184 56 ABBITRATION 184 57 INTERPLEADER 186 58 APPEALS TO THE SUPREME COURT 189 59 CASES STATED FOR THE SUPREME COURT 195 60 RIGHT OF ATTORNEY GENERAL TO NOTICE OF CONSTITUTIONAL ISSUES 197 61 APPEALS FROM THE CIRCUIT COURT 198 62 CASES STATED FOR THE HIGH COURT 202 63 THE MASTER OF THE HIGH COURT 203 64 ADMIRALTY 207 65 MINORS 219 66 INFANTS: I. Evidence of age 221 II. Settlements 221 67 WARDS OF COURT (OTHER THAN MINORS): I. Preliminary 222 II. Proceedings by petition for inquiry, or on report directed to stand as a petition 225 III. Where the inquiry is before a jury 226 IV. Where the inquiry is without a jury 227 V. Proceedings under sections 68 and 70 of the Act 228 VI. Proceedings under section 103 of the Act 231 VII. Proceedings after primary order made on petition for inquiry or upon report directed to stand as a petition 234 VIII. The Registrar 237 IX. Committees 238 X. Guardians and receivers 241 XI. Leases, sales and mortgages 242 XII. Visitors 245 XIII. Death or recovery of the ward 246 XIV. Miscellaneous 248 68 REVENUE: 250 I. Recovery of taxes and duties 251 II. Appeals under the Finance Act, 1894, section 10 251 III. Appeals under the Succession Duty Act, 1853, Section 50 253 IV. Miscellaneous 254 69 ARREST OF DEFENDANT UNDER THE DEBTORS ACT (IRELAND), 1872 254 70 MATRIMONIAL CAUSES AND MATTERS: I. Petition 255 II. Citation 256 III. Service 257 IV. Appearance 257 V. Intervener 258 VI. Answer 258 VII. Further pleadings 259 VIII.General rules as to pleadings 259 IX. Medical inspection 260 X. Trial or hearing 261 XI. Evidence taken by affidavit 261 XII. Proceedings by petition 262 XIII. Alimony 263 XIV. Restitution of conjugal rights 264 XV. Guardians of infants 264 XVI. Attachments and sequestration 265 XVII. Notices 265 XVIII. Service of pleadings, notices, &c. 265 XIX. Change of solicitor 266 XX. Motion papers 266 XXI. Costs, &c. 267 XXII. General 268 71 THE LIGITIMACY DECLARATION ACT (IRELAND), 1868 268 72 THE SETTLED LAND ACTS, 1882 TO 1890 269 73 PAYMENT INTO COURT UNDER THE TRUSTEE ACT, 1893, AND THE SUPREME COURT OF JUDICATURE (IRELAND) ACT, 1877 272 74 WINDING-UP OF COMPANIES: I. Preliminary 273 II. Proceedings 274 III. Service of documents in winding-up by the Court 275 IV. Petition to wind-up a company 275 V. Provisional liquidator 276 VI. Hearing of petitions and order made thereon 277 VII. Statement of affairs 279 VIII. Appointments and duties of Official Liquidator 281 IX. Proceedings by or against directors, promoters and officers when the company is being wound-up by the Court 284 X. General meetings of creditors and contributories in a winding-up by the Court and of creditors in a creditors' voluntary winding-up 285 XI. Disclaimer 294 XII. List of contributories in a winding-up by the Court 295 XIII. Collection and distribution of company's assets by Official Liquidator 296 XIV. Calls 296 XV. Ascertainment of company's liabilities 297 XVI. Proof of debts 299 XVII. Dividends in a winding-up by the court 301 XVIII. Payment in of moneys and deposit of securities 301 XIX. Sales of property 302 XX. Examination of witnesses 303 XXI. Sanction of the Court 303 XXII. Costs and expenses payable out of the assets of the company 303 XXIII. Statements by Liquidator to the registrar of companies 304 XXIV. Payment of unclaimed dividends and unapplied or undistributable balances into The Companies Liquidation Account 305 XXV. File of proceedings 308 XXVI. Applications to stay or restrain proceedings 308 XXVII. Applications under sections 201, 245, 247 or 279 309 XXVIII. Application un'er section 234, 236, 237, 243, 287

(3), 299, 347 or 384 309 XXIX. Termination of winding-up by the Court 309 XXX. Applications in voluntary winding-up 310 XXXI. Forms in voluntary winding-up 310 75 PROCEDURE ON APPLICATIONS UNDER THE COMPANIES ACTS OTHER THAN THOSE RELATING TO WINDING-UP: I. Preliminary 310 II. Title of proceedings 311 III. Applications 312 IV. Summons for directions 316 V. Proceedings when inquiry directed 317 VI. Order confirming a reduction of capital 320 VII. Appeal against refusal to register a name 320 VIII. Applications to sanction the redemption of preference shares by a private company 321 IX. Service of petitions 321 76 BANKRUPTCY I. Preliminary 321 II. Delegation of powers 322 III. Proceedings generally 324 IV. Debtor's summons 325 V. Service of debtor's summons 327 VI. Security 328 VII. Declaration of insolvency 328 VIII. Bankruptcy petition 329 IX. Adjudication of bankruptcy 331 X. Motions and practice 333 XI. Proceedings by charge and discharge 335 XII. Sale of property mortgaged or pledged 336 XIII. Discovery 337 XIV. Person under disability 338 XV. Public sittings of the Court 338 XVI. Authority to vote 339 XVII. Evidence 339 XVIII. Proof of debt of secured creditors 340 XIX. Joint and separate estates 341 XX. Trial by jury 341 XXI. Execution 342 XXII. Absconding debtor 342 XXIII. Salary and income 342 XXIV. Corrupt agreement with creditor 343 XXV. The bankrupt's statement of affairs 343 XXVI. Creditors' Assignee 344 XXVII. Composition after bankruptcy 344 XXVIII. Arrangement under the control of the Court 345 XXIX. Consent of surety 348 XXX. Realisation of bankrupt's estate and effects 348 XXXI. Disclaimer 349 XXXII. Proof of debts and dividends 350 XXXIII. Preferential payments in bankruptcy and arrangement 355 XXXIV. Final Examination 356 XXXV. Certificate of conformity 356 XXXVI. Enforcement of debt against a bankrupt who has not obtained a certificate of conformity 358 XXXVII. Records of proceedings 358 XXXVIII. Official Assignee 359 XXXIX.The Unclaimed Dividend Account 361 XL. Proceedings in local courts 362 XLI. General 363 77 FUNDS IN COURT:0.0104167> I. Preliminary 363 II. Preparation of orders to be acted upon by the Accountant and particulars relating thereto 364 III. Lodgment of funds in Court 370 IV. Appropriation under Order 22, rule 9, of money lodged in Court 373 V. Payment, delivery and transfer of funds out of Court and other dealings with the funds 373 VI. Investments 380 VII. Calculation of residues, evidence of life, &c. 382 VIII. Deposits under the central Bank Act, 1941 383 IX. Deposits under the central Bank Act, 1941 384 X. Deposits under the Auctioneers and House Agents Act, 1947 386 XI. Miscellaneous 387 XII. The Companies Liquidation Account 391 78 DEPOSIT OF POWERS OF ATTORNEY 391 79 THE PROBATE OFFICE: 392 I. Application for probate or letters of administration 394 II. Execution of a will 399 III. Interlineations and alterations 400 IV. Erasures and obliterations 400 V. Documents referred to in a will 400 VI. Appearance of the paper 401 VII. Pencil writing on wills 401 VIII. Application by Trust Corporation 401 IX. Limited administration 401 X. Administration under the Succession Act, 1965 402 XI. Grant to an attorney 402 XII. Grant to a gaurdian 402 XIII. Grant to a Committee 402 XIV. Administrator's oath 403 XV. Administration bond 403 XVI. Issue of grant 404 XVII. Renunciation 404 XVIII. Affidavits 405 XIX. Caveats 405 XIX. Citations 406 XXI. Production of will 408 XXII. Blind and illeterate testator 409 XXIII. Alteration in grant 409 XXIV. Notice to Attorney General 409 XXV. Transmission of papers 410 XXVI. Copies of wills 410 XXVII. Production of documents 411 XXVIII. Sureties 411 XXIX. Personal application for grant 411 XXX. Miscellaneous 412 80 THE DISTRICT PROBATE REGISTRIES: I. Application for probate or letters of administration 414 II. Execution of a will 419 III. Interlineations and alterations 420 IV. Erasures and obliterations 420 V. Documents referred to in a will 420 VI. Appearance of the paper 421 VII. Pencil writing on wills 421 VIII. Doubtful cases 421 IX. Application by Trust Corporation 421 X. Limited administration 422 XI. Administration under the Succession Act, 1965 422 XII. Grant to an attorney 422 XIII. Grant to a guardian 423 XIV. Administrator's oath 423 XV. Administration bond 423 XVI. Issue of grant 424 XVII. Renunciation 425 XVIII. Revocation and alteration of grant 425 XIX. Affidavits 426 XX. Caveats 426 XXI. Citations and subpoenas 427 XXII. Blind and illiterate testator 427 XXIII. Alteration in grant 427 XXIV. List of grants 428 XXV. Notice to Attorney Genral 428 XXVI. Transmission of papers 428 XXVII. Copies of wills 429 XXVIII. Production of documents 429 XXIX. Sureties 430 XXX. Personal application for grant 430 XXXI. Miscellaneous 431 81 THE BILLS OF SALE (IRELAND) ACTS, 1879 AND 1883 432 82 DEEDS OF ARRANGEMENT 433 83 CONSTRUCTION OF WRITTEN INSTRUMENTS 435 84 JUDICIAL REVIEW AND ORDERS AFFECTING PERSONAL LIBERTY 435 I. Habeas corpus 436 II. Attachment for contempt 438 III. Bail 438 IV. Recognizances 438 V. Judicial Review 439 85 CENTRAL CRIMINAL COURT 445 86 COURT OF CRIMINAL APPEAL:0.0104167> I. Preliminary 446 II. Certificate of the judge of the Court of trial 447 III. Notice of appeal 447 IV. Enlargement of time for appealing 449 V. Appeal where fine only is inflicted 449 VI. Suspension of orders of trial judge pending appeal 450 VII. Official stenographer and transcript 453 VIII. Exhibits and documents relating to trail 454 IX. Documents for use of the Court and appellants 454 X. Report of trial judge 455 XI. Bail 455 XII. Cause list 458 XIII. Abondonment of appeal 458 XIV. Examination of witnesses 459 XV. Hearing of appeals and other applications 460 XVI. Miscellaneous 461 87 APPEALS TO THE SUPREME COURT FROM THE CENTRAL CRIMINAL COURT 463 88 INSURANCE DEPOSITS 466 89 THE AUCTIONERS AND HOUSE AGENTS ACT, 1947-1973 467 90 THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 467 91 THE ROAD TRAFFIC ACTS, 1961 TO 1978 468 92 THE HOUSING ACT, 1966 469 93 THE FISHERIES (CONSOLIDATION) ACT, 1959 470 94 PATENTS, DESIGNS, TRADE MARKS AND COPYRIGHT: I. General 470 II. Actions for infringement of patent 471 III. Amendment of specification 473 IV. Petition for revocation of a patent 474 V. Petition for extension of the term of a patent VI. Appeals to the Court 478 VII. Other applications to the Court 479 95 PROFESSIONAL DISCIPLINARY BODIES 480 96 THE REGISTRATION OF TITLE ACT, 1964 482 97 PARLIAMENTARY ELECTION PETITIONS 484 98 EXTRADITION ACT, 1965 492 99 COSTS I. Rights to costs 493 II. Limitation of costs 495 III. Amount of costs 496 IV. Taxation of costs 498 V. Review of taxation 512 VI. Costs of judgment in default 514 VII. Costs of execution 515 VIII. Judicial Review and Orders affecting personal liberty 516 IX. Non-contentious probate matters 516 X. Bankruptcy 516 100 REGISTRATION OF BUSINESS NAMES ACT, 1963 518 101 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979 519 102 TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982 519 103 LOCAL GOVERNMENT (PLANNING ADN DEVELOPMENT) ACT, 1976 520 104 CONSUMER INFORMATION ACT, 1978 521 105 APPEALS FROM THE EMPLOYMENT APPEALS TRIBUNAL 522 106 APPEALS FROM THE LABOUR COURT 523 107 THE TRADE UNION ACT, 1971 524 108 LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977 524 109 INDUSTRIAL AND PROVIDENT SOCIETIES (AMENDMENT) ACT, 1978 526 110 MALICIOUS INJURIES ACT, 1981 527 111 AIR NAVIGATION (EUROCONTROL) ACTS, 1963 TO 1983 528 112 APPEALS UNDER THE HOUSING (PRIVATE RENTED DWELLING) (AMENDMENT) ACT, 1983 529 113 THE LIFE ASSURANCE COMPANIES (PAYMENT INTO COURT) ACT, 1896 529 114 OFFICERS 532 115 ORDERS OF THE COURT 532 116 SEALS 533 117 PAPER, PRINTING AND COPIES OF DOCUMENTS 534 118 SITTING AND VACATIONS 536 119 MODE OF ADDRESS OF JUDGES: ROBES OF BENCH AND BAR 538 120 INTERPRETERS AND TRANSLATIONS 539 121 SERVICE OF DOCUMENTS 540 122 TIME 542 123 SHORTHAND REPORTING 544 124 EFFECT OF NON-COMPLIANCE 545 125 INTERPRETATION AND FORMS 546 126 GENERAL 549 APPENDIX A. Part I: ORIGINATING SUMMONS [1] II: APPEARANCE [4] B. Part I: INDORSEMENT OF CHARACTER OF PARTIES [6] II: GENERAL INDORSEMENT OF CLAIM [6] III: SPECIAL INDORSEMENT OF CLAIM [10] IV: STATEMENT OF CLAIM [12] DEFENCE [13] REPLY [13] C. NOTICES, AFFIDAVITS &c. [14] D. Part I: EVIDENCE [27] II: EVIDENCE TAKEN ABROAD [29] III: FOREIGN PROCEEDINGS [31] E. JUDGMENT [34] F. EXECUTION: Part I: PRAECIPE [37] II: ORDERS [38] G. THE EXAMINER [48] H. SOLICITORS [68] I. APPEALS FROM CIRCUIT COURT [71] J. ADMIRALTY: Part I: ORIGINATING SUMMONS [73] II: MISCELLANEOUS [74] III: CENERAL INDORSEMENT OF CLAIM [81] IV: STATEMENT OF CLAIM [82] V: DEFENCE [84] K. WARDS OF COURT [85] L. MATRIMONIAL [102] M. WINDING-UP OF COMPANIES [107] N. PROCEDURE ON APPLICATIONS UNDER THE COMPANIES ACTS, OTHER THAN THOSE RELATING TO WINDING-UP [153] O. BANKRUPTCY [160] P. FUNDS IN COURT [200] Q. PROBATE [212] R. BILLS OF SALE [232] S. DEEDS OF ARRANGEMENT [235] T. JUDICIAL REVIEW AND ORDER AFFECTING PERSONAL LIBERTY [240] U. COURT OF CRIMINAL APPEAL [246] V. ELECTION PETITIONS [263] W. COSTS: Part I: GENERAL [267] II: COSTS OF JUDGMENT IN DEFAULT OF APPEARANCE [276] III: NON-CONTENTIOUS PROBATE MATTERS [276] IV: BANKRUPTCY [284] V: APPEALS FROM CIRCUIT COURT [286] VI: FEES PAYABLE TO COMMISSIONERS FOR OATHS [286] Z. ANNULMENT OF RULES [287] ORDER 1. COMMENCEMENT OF PROCEEDINGS. 1. Save as otherwise provided in these Rules, civil proceedings in the High Court shall be instituted by a summons of the Court to be called an originating summons. 2. An originating summons for the commencement of plenary proceedings with pleadings and hearing on oral evidence (in these Rules called a plenary summons) shall (save in admiralty proceedings) be in the Form No. 1 in Appendix A Part I. 3. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a summary summons) shall, in the case of any claim mentioned in Order 2, rule 1, be in the Form No. 2 in Appendix A, Part I. 4. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a special summons) shall, in the case of any claim mentioned in Order 3 (other than in admiralty proceedings) be in the Form No. 3 in Appendix A, Part I. 5. Any costs occasioned by the use of any forms of summonses or of indorsements thereon, other or more prolix than the forms in these Rules prescribed shall be borne by the party using the same, unless the Court shall otherwise direct. 6. In all proceedings (other than to take a minor into wardship) commenced by originating summons, procedure by plenary summons shall be obligatory except where procedure by summary summons or by special summons is required or authorised by these Rules. ORDER 2. PROCEDURE BY SUMMARY SUMMONS. 1. Procedure by summary summons may be adopted in the following classes of claims:—
(1)In all actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising— ( a ) upon a contract, express or implied (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or ( b ) on a bond or contract under seal for payment of a liquidated amount of money; or ( c ) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or ( d ) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or ( e ) on a trust.
(2)In actions where a landlord seeks to recover possession of land, with or without a claim for rent or mesne profits— ( a ) against a tenant whose term has expired or has been duly determined by notice to quit; or ( b ) for non-payment of rent.
(3)Claims in which the plaintiff in the first instance desires to have an account taken.
  1. Procedure by summary summons may be adopted by consent of all parties in the case of a claim not coming within any of the classes in rule
  2. ORDER
  3. PROCEDURE BY SPECIAL SUMMONS. Procedure by special summons may be adopted in the following classes of claims:—
(1)The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument save where there is a charge of wilful default or breach of trust.
(2)The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law of a deceased person, or cestui que trust under the trust of any deed or instrument, or claiming by assignment or otherwise under any such person.
(3)The payment into Court of any money in the hands of executors, administrators or trustees.
(4)A direction to any executors, or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees (including the furnishing and vouching of accounts).
(5)The approval of any sale, purchase, compromise, or other transaction in connection with the administration of any estate or trust.
(6)The determination of any question arising in the administration of any estate or trust or the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others.
(7)The determination of any question of construction arising under any deed, will, or other written instrument, and a declaration of the rights of the persons interested.
(8)The determination, under the Finance Act, 1894, section 14
(2), of a dispute as to the proportion of estate duty to be borne by any property or person.
(9)Any relief under the Settled Land Acts, 1882 to 1890, or the Conveyancing Acts, 1881 to 1911.
(10)Where no proceeding is pending by reason whereof the infant is a ward of Court, an application as to any of the following matters:— ( a ) sections 12, 16 and 17 of the Infants Property Act, 1830, as extended to Ireland by the Infants Property (Ireland) Act, 1835; section 4 of the Leasing Powers Act for Religious Worship in Ireland, 1855, as extended by the Glebe Lands (Ireland) Act, 1875, and the Leases for Schools (Ireland) Act, 1881; ( b ) the settlement of any property of an infant on marriage under the Infants Settlements Act, 1855, as extended to Ireland by the Infants Settlements (Ireland) Act, 1860; ( c ) the guardianship, care and maintenance or advancement of any infant.
(11)The appointment of a trustee or a new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, whether the appointment is made by the Court or out of Court; or a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance or transfer of any land or stock; or a vesting order under the Trustee Act, 1893, section 39; or an order directing a person to convey.
(12)The determination of any question under the Vendor and Purchaser Act, 1874, section 9.
(13)Any relief under the Married Women's Status Act, 1957 section 12.
(14)Any relief under the Trustee Act, 1893, sections 42 or 44.
(15)Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee.
(16)Any relief in respect of funds lodged in Court pursuant to the Land Clauses Consolidation Act, 1845, section 69.
(17)An interpleader order.
(18)Applications in connection with the lodgment in Court of any funds, the investment of any funds lodged in Court, or the payment out of any funds lodged in Court, whether pursuant to the provisions of any statute or otherwise, where there is no pending proceedings in respect thereof and no other procedure prescribed or required by these Rules.
(19)Applications for the taxation and delivery of bills of costs and for the delivery by any solicitor of deeds, documents and papers where there is no pending proceeding in which the application may be made.
(20)Any other proceeding in which procedure by special summons is required or authorised by these Rules.
(21)Any other proceeding which is required or authorised by statute to be brought in a summary manner and for which no other procedure is prescribed by these Rules.
(22)Such other matters as the Court may think fit to dispose of by special summons. ORDER
  1. I. INDORSEMENT OF CLAIM.
  2. An indorsement of claim shall be made on every originating summons before it is issued.
  3. The indorsement of claim on a plenary summons shall be entitled "GENERAL INDORSEMENT OF CLAIM" and there shall be an indorsement of the relief claimed and the grounds thereof expressed in general terms in such one of the forms in Appendix B, Part II, as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require.
  4. In the indorsement required by rule 2 it shall not be essential to set forth the precise ground of complaint or the precise remedy or relief to which the plaintiff considers himself entitled.
  5. The indorsement of claim on a summary summons and on a special summons shall be entitled "SPECIAL INDORSEMENT OF CLAIM," and shall state specifically and with all necessary particulars the relief claimed and the grounds thereof. The indorsement of claim on a summary summons or a special summons shall be in such one of the forms in Appendix B, Part III, as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require. 5.
(1)Whenever a claim indorsed on a summary summons is for a liquidated sum only, the indorsement, besides stating the amount claimed in respect of the demand, shall state the amount claimed for costs, and shall further state that on payment of such amounts for demand and costs within six days after service, or in the case of a summons not for service within the jurisdiction, within the time limited for appearance, further proceedings will be stayed.
(2)The amount claimed for costs shall be:— ( a ) If the demand does not exceed £2.500 Such sum as would be appropriate to a proceeding for a like amount in the District Court. ( b ) If the demand exceeds £2,500 but does not exceed £15,000 Such sum as would be appropriate to a proceeding for a like amount in the Circuit Court. ( c ) If the demand exceeds £15,000 £55.00 with £5.00 for each additional service after the first, and the costs of any order for issue and service, or service of the summons or notice in lieu thereof outside the jurisdiction, or for substituted or other service, or for the substitution of notice for service, or for declaring service effected sufficient, or for notice by advertisement of the issue of the summons, and this amount shall be exclusive of and in addition to all actual and necessary outlay.
(3)The statement shall be in the form incorporated in the Form No. 2 in Appendix A, Part I. In any case within this rule the defendant may, notwithstanding payment, have the costs taxed, and if more than one-sixth of the amount paid shall be disallowed the amount disallowed shall be refunded and the plaintiff's solicitor shall pay the costs of taxation.
  1. In any proceeding for the recovery of land the summons shall contain the description of the property sought to be recovered with reasonable certainty, and shall state the county and county district or the city or town and parish, in which the same is situated. No error or omission in respect of any of the matters aforesaid shall render such summons void or irregular but may be ground for an application to the Court for particulars of the property claimed.
  2. In any proceeding for the recovery of land any tenant, under-tenant, or other person in actual possession of the property sought to be recovered, or any part thereof, may be named as defendant, and the summons shall be directed to such tenant, under-tenant, or other person, with the addition of the words "and all persons concerned."
  3. In all actions to which the Land Law (Ireland) Act, 1896, section 12, applies, for the recovery of a holding agricultural or pastoral, or partly agricultural and partly pastoral, in its character, or of lands including such a holding, for non-payment of rent, the summons shall be specially indorsed with a statement of the plaintiff's claim. Such special indorsement shall state that:— ( a ) there is no person in occupation as tenant otherwise than as immediate tenant to the plaintiff of the premises sought to be recovered or any part thereof, and the plaintiff claims to recover clear possession of the same premises, and to have the judgment in the action executed against all persons in occupation of the same; or ( b ) there is or are a person or persons in occupation as tenant or tenants otherwise than as immediate tenant or tenants to the plaintiff of the premises sought to be recovered or some part thereof, setting out the name of every such person.
  4. If the plaintiff sues or the defendant is sued in a representative capacity, the indorsement shall show in manner appearing in such of the forms in Appendix B, Part I, as shall be applicable to the case, or by any other statement to the like effect, in what capacity the plaintiff or defendant sues or is sued.
  5. In probate actions the indorsement shall show whether the plaintiff claims as creditor, executor, administrator, residuary legatee, legatee, next-of-kin, heir-at-law, devisee, or in any and what other capacity.
  6. In all cases in which the plaintiff, in the first instance, desires to have an account taken, the summons shall be indorsed with the claim that such account be taken.
  7. In actions by a moneylender or an assignee or by the personal representative or personal representatives of a deceased moneylender for the recovery of money lent by a moneylender or any interest thereon or the enforcement of any agreement or security relating to any such money or interest, the indorsement on the summons shall state, in addition to any other particulars, the fact that the plaintiff is a licensed moneylender, or (in an action by an assignee or by the personal representative or personal representatives of a deceased moneylender) that the original assignor, or the testator or intestate, as the case may be, was at the time of the loan a licensed moneylender, and if the action be commenced by summary summons or special summons, shall also state, in addition to any other particulars— ( a ) the date on which the loan was made; ( b ) the amount actually lent to the borrower; ( c ) the rate per cent. per annum of interest charged; ( d ) the date when the contract for repayment was made; ( e ) the fact that a note or memorandum of the contract was made, and was signed by the borrower; ( f ) the date when a copy of the note or memorandum was delivered or sent to the borrower; ( g ) the amount repaid; ( h ) the amount due but unpaid; ( i ) the date upon which such unpaid sum or sums became due; ( j ) the amount of interest accrued due and unpaid on every such sum.
  8. In actions to recover a debt or liquidated demand in money arising under a hire-purchase agreement or credit-sale agreement (as defined by the Hire-Purchase Act, 1946 ) or any contract of guarantee relating to such an agreement, the special indorsement of claim on a summary summons shall state, in addition to any other particulars, that the requirements specified in section 3 or section 4 (as the case may be) of the Hire-Purchase Act, 1946 , have been complied with. II. INDORSEMENT OF ADDRESS.
  9. The solicitor of a plaintiff shall indorse upon the summons and notice in lieu of service of a summons, the address and occupation or description of the plaintiff and also his own name or that of his firm and the registered place of business where summonses, notices, pleadings, petitions, orders, warrants and other documents may be left for him.
  10. A plaintiff suing in person shall indorse upon the summons and notice in lieu of service of a summons his occupation or description and an address for service within the jurisdiction, where summonses, notices, pleadings, petitions, orders, warrants and other documents may be left for him.
  11. In all cases where proceedings are commenced otherwise than by summons, rules 14 and 15 shall apply to the document by which such proceedings originate as if it were a summons. ORDER
  12. ISSUE OF SUMMONSES AND PETITIONS.
  13. Save as otherwise provided in these Rules, every originating summons shall be issued out of the Central Office.
  14. Originating summonses shall be prepared by the plaintiff or his solicitor, and shall be written or printed, or partly written and partly printed, on paper of the same description as by these Rules directed in the case of proceedings directed to be printed.
  15. Save as hereinafter otherwise provided, no originating summons shall, at the time of issue, be assigned to any Judge.
  16. Subject to the power of transfer, the following originating summonses shall, at the time of issue, be assigned to such Judge or Judges as the President of the High Court may from time to time assign to hear such originating summonses:—
(1)Every special summons relating to any particular class of claim.
(2)Every originating summons relating to any of the matters following:— (
  1. a)the administration of the estates of deceased persons; (
  2. b)the dissolution of partnership or the taking of partnership or other accounts; (
  3. c)the redemption or foreclosure of mortgages; (
  4. d)the raising of portions or other charges on land; (
  5. e)the sale and distribution of the proceeds of property subject to any lien or charge; (
  6. f)the execution of trusts, charitable or private; (
  7. g)the rectification or setting aside or cancellation of deeds or other written instruments; (
  8. h)the specific performance of contracts between vendors and purchasers of land, including contracts for leases, and also the specific performance of any other contracts in respect of which the Court would decree performance; (
  9. i)the partition or sale of real estates, including chattels real; (
  10. j)any other matters formerly within the exclusive jurisdiction of the former Court of Chancery or the former Chancery Division of the former Supreme Court of Judicature or any Judge or Judges thereof (other than (
  11. i)the wardship of infants and the care of infants' estates or (
  12. ii)matters formerly within the exclusive cognizance of the former Landed Estates Court).
(3)Every originating summons relating to such other matter or matters as Rules of Court may from time to time specify.
  1. In the case of any originating summons within rule 4, it shall be the duty of the officer issuing the summons to mark and assign the summons for the Judge assigned as mentioned in the said rule or (if more than one Judge has been so assigned) for the Judges so assigned in rotation. Any case of doubt or difficulty shall be determined by the Master and the assignment or non-assignment of any summons at the time of issue shall be without prejudice to the power of the Master to vary or alter such assignment or non-assignment.
  2. Where an originating summons has been so assigned under rules 4 and 5 to a particular Judge or has (whether assigned or not) been heard by a particular Judge, every subsequent summons, notice of motion, or petition, relating to the same matter, or so connected therewith as to be conveniently dealt with by the same Judge, shall whenever practicable be marked by the proper officer with the name of such Judge, and the party or solicitor presenting such summons, notice of motion, or petition, shall, if there be to his knowledge such relation or connection, so certify. Such certificate shall be in the Form No. 5 in Appendix A, Part I; and such certificate shall be countersigned by the Registrar of the Judge to whom such originating summons had been assigned or by whom such originating summons had been heard as the case may be.
  3. There shall be books in the Central Office to be called Cause Books in which all proceedings commenced by originating summons, issued out of the Central Office, shall be entered. Every summons shall be entered consecutively in order of issue and shall be distinguished by the date of the year and a number in consecutive order commencing on the first day of January in each year, with or without a distinguishing letter or other sign; and the said date and number, together with the distinguishing letter or sign (if any) shall constitute the record number of the proceeding.
  4. Every originating summons shall bear date of the day of issue and shall be authenticated in the name of the Chief Justice, or if the office of Chief Justice be vacant, in the name of the President of the High Court and shall be sealed with the seal of the High Court.
  5. Every originating summons shall be sealed and marked with the record number by the proper officer, and shall thereupon be deemed to be issued. No originating summons shall be served until the same shall have been so sealed and marked.
  6. One duplicate or more of every originating summons shall be so sealed and marked on the application of the plaintiff or his solicitor.
  7. The plaintiff or other party or his solicitor shall, on presenting an originating summons for sealing, leave with the proper officer a copy, written or printed, or partly written and partly printed, on paper of the description aforesaid, of such summons and all the indorsements thereon, and such copy shall be signed by the solicitor leaving the same, or by the plaintiff himself if he sues in person.
  8. The officer receiving the copy summons pursuant to rule 11 shall cause the same to be marked with the record number and to be filed and shall also cause an entry of the particulars thereof to be made in the appropriate Cause Book as hereinbefore provided.
  9. The issue of a summons in probate proceedings shall be preceded by the filing of an affidavit made by the plaintiff or one of the plaintiffs in verification of the indorsement on the summons. On issuing the summons the plaintiff shall, if he has not already so done, lodge a caveat in the Probate Office entitled in the estate of the deceased person.
  10. No summons for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court.
  11. Save as otherwise provided in these Rules, every petition to the Court shall be presented by leaving it with the proper officer at the Central Office. Subject thereto, the foregoing provisions of this Order shall apply to a petition in the same manner as they apply to an originating summons, and references in this Order to "originating summons" and "plaintiff" shall be construed as including references to "petition" and "petitioner" respectively.
  12. At the foot of every petition presented to the Court, and of every copy thereof, a statement shall be made of the persons, if any, intended to be served therewith, and if no person is intended to be served a statement to that effect shall be made at the foot of the petition and of every copy thereof.
  13. Unless the Court gives leave to the contrary there must be at least two clear days between the service and the day for hearing of a petition. ORDER
  14. CONCURRENT SUMMONSES.
  15. The plaintiff in any proceedings may, at the time of, or at any time during twelve months after the issuing of the originating summons, issue one or more concurrent summons or summonses, each concurrent summons to bear the same date of issue as the original summons, and to be marked with a seal bearing the word "concurrent" and the date of issue of the concurrent summons; and such seal shall be impressed upon the summons by the proper officer; provided always, that such concurrent summons or summonses shall only be in force for the period during which the original summons in such proceedings shall be in force.
  16. A summons for service within the jurisdiction may be issued and marked as a concurrent summons with one for service, or of which notice in lieu of service is to be given, out of the jurisdiction; and a summons for service, or of which notice in lieu of service is to be given, out of the jurisdiction may be issued and marked as a concurrent summons with one for service within the jurisdiction. ORDER
  17. SOLICITORS.
  18. Every solicitor whose name shall be indorsed on any summons or other originating document shall, on demand in writing made by or on behalf of any defendant who has been served with the same or with notice thereof, or has appeared thereto, declare forthwith in writing whether such summons or other originating document has been issued by him or with his authority or privity; and if such solicitor shall declare that the summons or other originating document was not issued by him or with his authority or privity all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereon without leave of the Court. 2.
(1)A party suing or defending by a solicitor shall, save in any matrimonial cause or matter, be at liberty to change his solicitor or to discharge his solicitor and sue or defend in person, and any party suing or defending in person shall be at liberty to appoint a solicitor, in any cause or matter, without an order for that purpose, upon notice of such change, discharge, or appointment being filed in the Central Office, but until such notice is so filed and a copy thereof served as hereinafter provided, no such change, discharge, or appointment shall be deemed to have taken effect.
(2)The party giving such notice shall serve a copy thereof upon every other party to the proceedings (not being a party in default as to entry of appearance).
(3)Every such notice shall state a registered place of business or address for service as prescribed by Order 4.
(4)The party giving any such notice may perform the duties prescribed by this rule either in person or (except where he intends to act in person) through his new solicitor. 3.
(1)Where a solicitor who has acted for a party in any proceedings has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has ceased to act for the party, and the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the provisions of rule 2, any other party to the proceedings or (where the solicitor has ceased to act) the solicitor may, on notice to be served on the first-mentioned party, personally, or by letter addressed to his last-known place of residence, unless the Court otherwise directs, apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the proceedings, and the Court may make an order accordingly.
(2)Where such order shall have been made the party or the solicitor who applied therefor shall forthwith give a notice to the same effect as the order, and the provisions of rule 2 as to filing and service shall apply thereto with the necessary modifications and subject to any direction in such order as to service on the first-mentioned party.
(3)Where the party or solicitor who applied for such order shall have complied with the said provisions then, if the first-mentioned party does not appoint another solicitor or give such an address for service as is required of a party acting in person, and comply with the provisions of rule 2, any documents in respect of which personal service is not requisite may be served on the said party by being filed with the proper officer.
(4)Where the said order is made on the application of a solicitor, such solicitor shall, subject to the provisions of rules 2 and 3 be considered the solicitor of the party to the final conclusion of the proceedings unless and until he has complied with the provisions of paragraph
(2)of this rule.
  1. An order under the provisions of rule 3 may be made on an ex parte application unless the Court shall otherwise direct.
  2. Any order made under the provisions of rule 3 shall not affect the rights of the solicitor and the party as between themselves. ORDER
  3. RENEWAL OF SUMMONS.
  4. No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons. After the expiration of twelve months, an application to extend time for leave to renew the summons shall be made to the Court. The Court or the Master, as the case may be, if satisfied that reasonable efforts have been made to serve such defendant, or for other good reason, may order that the original or concurrent summons be renewed for six months from the date of such renewal inclusive, and so from time to time during the currency of the renewed summons. The summons shall in such case be renewed by being stamped with the date of the day, month and year of such renewal; such stamp to be provided and kept for that purpose in the Central Office and to be impressed upon the summons by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in the Form No. 4 in Appendix A, Part I; and a summons so renewed shall remain in force and be available to prevent the operation of any statute whereby a time for the commencement of the action may be limited and for all other purposes from the date of the issuing of the original summons.
  5. In any case where a summons has been renewed on an ex parte application, any defendant shall be at liberty before entering an appearance to serve notice of motion to set aside such order.
  6. The production of a summons purporting to be marked with a stamp showing the same to have been renewed in the matter aforesaid, shall be sufficient evidence of its having been so renewed and of the commencement of the action as of the first date of such renewed summons for all purposes.
  7. Where a summons, of which the production is necessary, has been destroyed or lost, the Court upon being satisfied of the destruction or loss, and of the correctness of a copy thereof, may order that such copy shall be sealed and served in lieu of the original summons. ORDER
  8. SERVICE OF SUMMONS. I. Mode of service.
  9. No service of a summons shall be required when the defendant, by his solicitor, accepts service, and undertakes in writing to enter an appearance.
  10. Service of any summons on the defendant shall, except in the cases in the following rules of this Order specified, be effected by personal service if it be reasonably practicable. Where it shall appear by affidavit that such defendant is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect such personal service, service of such summons may be effected by delivering a copy thereof at the defendant's house or place of residence, or at his or her office, warehouse, counting house, shop, factory, or place of business, to the wife, husband, child, father, mother, brother, or sister of the defendant, or to any servant or clerk of the defendant (the person to whom such copy shall be delivered being of the age of sixteen years or upwards) and showing to such person the original or duplicate original of such summons.
  11. Personal service shall be effected by delivering a copy of the summons to the defendant in person, and showing him the original or duplicate original. II. On particular defendants.
  12. When husband and wife are both defendants in any proceedings, they shall both be served unless the Court shall otherwise order.
  13. When an infant is defendant in any proceedings service on his father or mother or guardian, or, if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Court otherwise orders, be deemed good service on the infant; provided that the Court may order that service made or to be made on the infant shall be deemed good service.
  14. When a lunatic or person of unsound mind not so found by inquisition is a defendant in any proceedings, service on the committee of the lunatic, or on the person with whom the person of unsound mind resides or under whose care he is, shall, unless the Court otherwise orders, be deemed good service on such defendant.
  15. In the absence of any statutory provision regulating service, every summons issued against a corporation aggregate may be served on the mayor or other head officer, or on the town clerk, clerk, treasurer, or secretary of such corporation; and every summons issued against the inhabitants of a county district or other like district may be served on any officer of the Gárda Síochána not below the rank of superintendent stationed in the county in which such district is situate and every summons issued against the inhabitants of any county or any city or town, or the inhabitants of any franchise, liberty, city, town, or place not being part of the county district or other like district on some peace officer thereof: provided always that in all such cases a sufficient notice of the issuing of the summons shall be given in Iris Oifigiúil and in one of the local newspapers of the county, city, or district in which the defendant or defendants or the officer or other person to be served shall reside, the times for appearing to run in such cases from the day of the publication of such notice in Iris Oifigiúil or such newspaper, whichever shall be the latest; and where, by any statute, provision is made for service of any proceedings upon any corporation, or upon any society or fellowship, or any body or number of persons, whether corporate or incorporate, every summons may be served in the manner so provided. III.In particular actions.
  16. In an action brought for recovery of land for non-payment of rent or for overholding, it shall not be necessary to serve the summons upon any person other than the person or persons in the actual possession of the land or any part thereof, as tenant or under-tenant.
  17. In other actions for the recovery of land, it shall be necessary to serve every person in actual possession, or in receipt of the rents and profits, of the lands or any part thereof, unless the Court shall otherwise direct.
  18. In actions for the recovery of land service of a summons may be effected either by personal service on the person to be served at any place within the jurisdiction or by delivering a copy of such summons to the wife, husband, child, father, mother, brother, or sister, of such person, at her house, or office, or place of business (the person with whom such copy shall be left being of the age of sixteen years or upwards), and showing to such person the original or duplicate original of such summons, and such service as last aforesaid may be effected whether the person to be served is within the jurisdiction or not.
  19. Service of a summons in an action to recover land may, in the case of vacant possession, when it cannot otherwise be effected, be made by posting a copy of the summons upon the door of the dwellinghouse or other conspicuous part of the property; provided, however, that in such case before any judgment by default shall be given, the Court shall be satisfied that there was no person in actual possession or in receipt of the rents and profits on whom other service might have been effected. IV.General.
  20. The person serving a summons shall, within three days at most after service, indorse on the summons the day and date of the service thereof; and every affidavit of service of such summons shall mention the date on which such indorsement was made.
  21. Every affidavit of service of a summons in actions for the recovery of land for non-payment of rent, or for overholding, shall state that the deponent does not know of any person, other than those who have been served, who is in actual possession of the land sought to be recovered or any part thereof, as tenant or under-tenant.
  22. Every affidavit of service of a summons in other actions for recovery of land, shall state that the deponent does not know of and does not believe that there is any person, other than those who have been served, in the actual possession or in receipt of the rents and profits of the land sought to be recovered, or any part thereof, and the said statement shall be verified by the affidavit of the plaintiff or of one of the plaintiffs, or of the solicitor for the plaintiff.
  23. In any case the Court may, upon just grounds, declare the service actually effected sufficient.
  24. This Order, so far as practicable, shall apply to the originating document in proceedings not commenced by summons and to notice in lieu of service. ORDER
  25. SUBSTITUTED SERVICE.
  26. If it be made to appear to the Court that the plaintiff is from any cause unable to effect prompt personal service, or such other service as is prescribed by these Rules, the Court may make an order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise.
  27. Every application to the Court for an order for substituted or other service, or for the substitution for service of notice, shall be supported by an affidavit setting forth the grounds upon which the application is made.
  28. Whenever any such order shall be made a copy thereof shall be served along with the summons or the notice as the case may be. ORDER
  29. SERVICE OUT OF THE JURISDICTION.
  30. Service out of the jurisdiction of an originating summons or notice of an originating summons may be allowed by the Court whenever— ( a ) the whole subject matter of the action is land situate within the jurisdiction (with or without rents or profits), or the perpetuation of testimony relating to land within the jurisdiction; or ( b ) any act, deed, will, contract, obligation, or liability affecting land or hereditaments situate within the jurisdiction, is sought to be construed, rectified, set aside, or enforced in the action, or ( c ) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; or ( d ) the action is for the administration of the personal estate of any deceased person, who, at the time of his death, was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, which ought to be executed according to the law of Ireland; or ( e ) the action is one brought to enforce, rescind, dissolve, annul, or otherwise affect a contract, or to recover damages or other relief for or in respect of the breach of a contract— (i) made within the jurisdiction; or (ii) made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction; or (iii) by its terms or by implication to be governed by Irish Law, or is one brought in respect of a breach committed within the jurisdiction of a contract wherever made, even though such breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction; or ( f ) the action is founded on a tort committed within the jurisdiction; or ( g ) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or ( h ) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction; or ( i ) the proceeding relates to an infant or person of unsound mind domiciled in, or a citizen of Ireland; or ( j ) the proceeding is an interpleader proceeding relating to property within the jurisdiction; or ( k ) the proceeding relates to an arbitration held or to be held within the jurisdiction; or ( l ) the proceeding relates to the enforcement of an award under Part III of the Arbitration Act, 1980 or of the pecuniary obligations imposed by an award under Part IV of the Arbitration Act, 1980 ; or ( m ) the proceeding is by a mortgagee or mortgagor in relation to a mortgage of personal property situate within the jurisdiction and seeks relief of the nature or kind following, that is to say sale, delivery of possession by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee; but does not seek (unless and except so far as permissible under sub-head (e) of this rule) any personal judgment or order for payment of any moneys due under the mortgage. (In this sub-head the expression "personal property situate within the jurisdiction" means personal property which, on the death of an owner thereof intestate, would form the subject matter for the grant of letters of administration to his estate out of the Probate Office; the expression "mortgage" means a mortgage charge or lien of any description; the expression "mortgagee" means a party for the time being entitled to or interested in a mortgage; and the expression "mortgagor" means a party for the time being entitled to or interested in property subject to a mortgage); or ( n ) the proceeding is brought under the provisions relating to carriage by air of the Air-Navigation and Transport Act, 1936, or ( o ) the proceeding relates to a ship registered or required to be registered under the Mercantile Marine Act, 1955 , or any share or interest therein; or ( p ) the proceeding relates to the ownership of a trade mark registered or sought to be registered in the Industrial and Commercial Property Registration Office.
  31. Where leave is asked from the Court to serve a summons or notice thereof under rule 1, the Court to whom such application shall be made shall have regard to the amount or value of the claim or property affected and to the comparative cost and convenience of proceedings in Ireland, or in the place of the defendant's residence, and particularly in cases of small demands where the defendant is resident in England, Scotland, or Northern Ireland, to the powers and jurisdiction, under the statutes establishing or regulating them, or of the courts of limited or local jurisdiction in England, Scotland or Northern Ireland respectively. 3.
(1)The parties to any contract may agree— ( a ) that the Court shall have jurisdiction to entertain any proceeding in respect of such contract, and also, or in the alternative; ( b ) that service of any summons in any such proceeding may be effected at any place within or out of the jurisdiction on any party or on any person on behalf of any party or in any manner specified or indicated in such contract.
(2)In any such case, notwithstanding anything contained in these Rules, service of any such summons at the place (if any) or on the party or on the person (if any) or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place, or mode, or person be so specified or indicated, service out of the jurisdiction of such summons may be ordered.
  1. In probate actions service out of the jurisdiction of a summons or notice of a summons may be allowed by the Court.
  2. Every application for leave to serve a summons or notice of a summons on a defendant out of the jurisdiction shall be supported by affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a citizen of Ireland or not, and where leave is asked to serve a summons or notice thereof under rule 1 stating the particulars necessary for enabling the Court to exercise a due discretion in the manner in rule 2 specified; and no leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.
  3. Such application shall be made before the issue of the summons, and the affidavit to ground the same shall, when no proceeding is pending, be entitled as between the parties to the intended proceeding and "In the Matter of the Courts of Justice Acts, 1924 to 1961, and the Courts (Supplemental Provisions) Acts, 1961 to 1981."
  4. Any order giving leave to effect service or give notice out of the jurisdiction shall limit a time after such service or notice, within which the person to be served is to enter an appearance, such time to depend on the place or country where or within which the summons is to be served, or the notice given, and such leave may be given by the same order by which leave is given to issue the summons for service out of the jurisdiction or of which notice is to be given out of the jurisdiction.
  5. Where the defendant is not, or is not not known or believed to be, a citizen of Ireland, notice of the summons, and not the summons itself, shall be served upon him.
  6. Subject to the provisions of this Order, notice in lieu of service shall be given in the manner in which summonses are served.
  7. Whenever an order shall be made giving leave to serve a summons or notice thereof on a defendant out of the jurisdiction, a copy of such order shall be served along with the summons or notice as the case may be.
  8. This Order shall apply, so far as practicable and applicable, to proceedings whether instituted by originating summons or in some other manner, and to any order or notice in any such proceedings. Where the person to be served is not a citizen of Ireland, a copy of the originating document (other than an originating summons) or of the order or notice shall be served instead of the original, together with an intimation in writing that (as the case may be) a proceeding or process in the form of the copy has been issued or otherwise launched or an order in the terms of the copy made.
  9. Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which when lands, funds, choses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the Court may, without affecting to exercise jurisdiction over any person out of the jurisdiction, cause such person to be informed of the nature or existence of the proceedings with a view to such person having an opportunity of claiming, opposing or otherwise intervening. ORDER
  10. APPEARANCE.
  11. Appearances shall be entered in the Central Office, Four Courts, Dublin, except in the case of lunacy and minor matters, when the appearance shall be entered in the Office of Wards of Court, Four Courts, Dublin or except as otherwise provided in these Rules. 2.
(1)An appearance to any plenary summons, or summary summons shall be entered within eight days after the service of the summons, exclusive of the day of service, unless the Court shall otherwise order.
(2)A defendant in proceedings commenced by special summons may enter an appearance thereto at any time, but shall not, without the leave of the Court, be entitled to be heard in such proceedings unless he has entered an appearance.
  1. A defendant shall enter his appearance to an originating summons by delivering to the proper officer a memorandum in writing dated on the day of its delivery and containing the name of the defendant's solicitor, or stating that the defendant defends in person. He shall at the same time deliver to the officer a duplicate of the memorandum which the officer shall mark with an official stamp, showing the date on which the appearance is entered and then return it to the person entering the appearance, and the duplicate memorandum so marked shall be a certificate that the appearance was entered on the day indicated by the official stamp.
  2. In the case of a defendant desiring to enter an appearance in person, he may in lieu of delivering to the proper officer the memorandum of appearance and the duplicate thereof, enter the appearance through the post by sending to the proper officer by pre-paid registered letter:— ( a ) a memorandum of appearance and two duplicates thereof both duly filled up; ( b ) a postal order for the prescribed fee payable on entering an appearance; ( c ) two envelopes each sufficiently stamped, one addressed to the plaintiff's solicitor (or to the plaintiff if he sues in person) at the address for service, and the other addressed to the defendant entering the appearance. On receipt of the foregoing the proper officer shall forthwith enter the appearance as of the date when he received the memorandum, and shall mark the duplicates with the official stamp showing the date on which the appearance is entered, and shall post one duplicate to the plaintiff or his solicitor and the other duplicate to the defendant. 5.
(1)A defendant shall, on the day he enters an appearance to an originating summons, give notice of his appearance to the plaintiff's solicitor, or, if the plaintiff sues in person, to the plaintiff himself by serving the marked duplicate memorandum. This may be served in the ordinary way at the address for service, or by pre-paid letter directed to that address, and posted on the day of entering appearance in due course of post. In the case of a plenary summons, the memorandum shall include a notice stating whether the defendant requires a statement of claim or not.
(2)This rule shall not apply to a defendant entering an appearance through the post under rule 4, save in so far as therein provided.
  1. The solicitor of a defendant shall state in the memorandum of appearance his registered place of business.
  2. A defendant appearing in person shall state in the memorandum of appearance an address for service within the jurisdiction where summonses, notices, pleadings, petitions, orders, warrants, and other documents may be left for him.
  3. If the memorandum does not contain such address as is prescribed by this Order it shall not be received; and if any such address shall be illusory or fictitious, the appearance may be set aside by the Court or the Master on the application of the plaintiff.
  4. The memorandum of appearance shall be in the Form No. 1 in Appendix A, Part II.
  5. Upon receipt of a memorandum of appearance entered by any party or person pursuant to the provisions of this Order, the proper officer shall forthwith enter the appearance in the appropriate Cause Book.
  6. If two or more defendants in the same action shall appear by the same solicitor and at the same time, the names of all the defendants so appearing shall be inserted in one memorandum.
  7. A solicitor not entering an appearance in pursuance of his written undertaking so to do shall be liable to an attachment.
  8. A defendant, save in actions for the recovery of land, may appear at any time before judgment. If he appear at any time after the time limited for appearance, he shall not, unless the Court shall otherwise order, be entitled to any further time for delivering his defence or for any other purpose than if he had appeared within the time limited for appearance.
  9. In probate actions any person not named in the summons may intervene and appear in the action on filing an affidavit in the Central Office showing how he is interested in the estate of the deceased.
  10. No person served with a summons in a proceeding for the recovery of land shall be permitted to appear after the time allowed for appearance without leave of the Court.
  11. Any person served with a summons for the recovery of land although not named as a defendant therein, shall be at liberty to defend the proceeding and to enter an appearance according to the foregoing rules of this Order, entitled in the proceeding against the party named in the summons as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the proceeding.
  12. An appearance entered without leave in a proceeding for the recovery of land after the time allowed for appearance has expired shall be void.
  13. Any person not named as a defendant in a summons for the recovery of land and not served therewith may by leave of the Court appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or by his tenant.
  14. Any person appearing to defend a proceeding for the recovery of land as a landlord, in respect of property whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord.
  15. Where a person not named as defendant in any summons for the recovery of land, and not served therewith has obtained leave of the Court to appear and defend, he shall enter an appearance according to the foregoing rules of this Order, entitled in the proceeding against the party named in the summons as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor, or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the proceeding.
  16. Any person appearing to a summons for the recovery of land, save where the proceeding is brought for non-payment of rent, shall be at liberty to limit his defence to a part or an undivided share only of the property mentioned in the summons, describing that part or share with reasonable certainty in his memorandum of appearance, which shall be in the Form No. 2 in Appendix A, Part II. An appearance, where the defence is not limited as above mentioned, shall be deemed an appearance to defend for the whole.
  17. Where any person entering an appearance in an action for the recovery of a holding or of lands including a holding, agricultural or pastoral, or partly agricultural and partly pastoral, in its character, for non-payment of rent, is in occupation of such holding as sub-tenant thereof, and merely claims to be entitled under the Land Law (Ireland) Act, 1896 (59 & 60 Vic., c. 47) section 12, notwithstanding judgment for the plaintiff in the action to retain possession of such holding as immediate tenant to the plaintiff, and not to have such judgment executed against him, he shall be at liberty to limit his memorandum of appearance accordingly. The memorandum shall state whether such person so defends in respect of all the premises sought to be recovered or part only thereof, and shall in the latter case describe such part with reasonable certainty. It shall also state full particulars of his sub-tenancy, including the rent payable in respect thereof, the gale days, and the amount then due for arrears of such rent up to the last gale day, and the name of his immediate landlord. An appearance where the memorandum is not limited as above-mentioned, or where it does not contain the statements prescribed by this rule, shall be deemed to be an appearance to defend generally, and in respect of all the premises sought to be recovered.
  18. Where an appearance is limited in accordance with rule 22 the plaintiff shall be at liberty by notice to confess the right, under the Land Law (Ireland) Act, 1896, section 12 of the person so limiting his appearance, notwithstanding judgment for the plaintiff in the action, to retain possession as immediate tenant to the plaintiff of the holding described in his memorandum of appearance. Such notice shall be served and filed in the Central Office within twenty-one days after appearance. The person whose right is so confessed shall, where the special indorsement on the summons does not deny such right, abide his own costs of appearance, unless the Court shall otherwise direct.
  19. Save as in rule 22 mentioned, a defence to a summons for the recovery of land for non-payment of rent shall be a defence for all the lands and premises claimed by the indorsement thereon; and in case a defendant shall desire to take defence for part only of the lands and premises, upon the ground that such part is not included in the tenancy sought to be evicted, he shall make a special application to the Court for that purpose. Applications under this rule shall be made on notice grounded on affidavit, and may be made before appearance or within four days after appearance.
  20. A party who has obtained an order under rule 24 shall describe the part of the lands to which the defence is limited either in the appearance or in a notice as prescribed in rule
  22. A defendant before appearing shall be at liberty to serve notice of motion to set aside the service upon him of the summons or of notice of the summons, or to discharge the order authorising such service.
  23. In probate actions the plaintiff and defendant, within eight days of the entry of appearance on the part of the defendant, are respectively to file their affidavits as to scripts in the Central Office, whether they have or have not any script in their possession. Such affidavit shall be in the Form No. 22 in Appendix C.
  24. Every script which has at any time been made, by or under the direction of the testator, whether will, codicil, draft of a will or codicil, or written instructions for the same, of which the deponent has any knowledge, information, or belief, is to be specified in his affidavit of scripts, and every script in the custody or under the control of the party making the affidavit is to be annexed thereto, and deposited therewith in the Central Office.
  25. No party to the proceeding, nor his solicitor, shall be at liberty, except by leave of the Court, to inspect the affidavit as to scripts, or the scripts annexed thereto, filed by any party to the cause, until his own affidavit as to scripts shall have been filed. ORDER
  26. DEFAULT OF APPEARANCE.
  27. Where no appearance has been entered to a summons for a defendant who is an infant or a person of unsound mind not so found by inquisition, the plaintiff shall, before taking any further step in the proceeding against the defendant, apply to the Master for an order that some proper person be assigned guardian of such defendant by whom he may appear and defend the proceeding. But no such order shall be made unless it appears on the hearing of such application that the summons was duly served, and that notice of such application was, after the expiration of the time allowed for appearance, and at least six clear days before the day in such notice named for hearing the application, served upon or left at the dwellinghouse of the person with whom or under whose care such defendant was at the time of serving such summons and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwellinghouse of the father or guardian, if any, of such infant, unless the Master at the time of hearing such application shall dispense with such last mentioned service.
  28. Where any defendant fails to appear to a summons, and the plaintiff is desirous of proceeding upon default of appearance under any of the following rules of this Order or Order 37, rule 12, he shall, before taking such proceeding upon default, file an affidavit of service of the summons or notice in lieu of service, as the case may be.
  29. Where an originating summons (whether plenary or summary) is indorsed with a claim for a liquidated demand, and the defendant fails, or all the defendants, if more than one, fail to appear thereto, the plaintiff may enter final judgment in the Central Office for such sum as is mentioned in the affidavit required by rule 18 not exceeding the sum indorsed on the summons, together with interest (if any) to the date of the judgment and costs. Provided that in proceedings by a money-lender, or the personal representative or representatives of a money-lender, or an assignee, for the recovery of money lent by the money-lender, or the enforcement of any agreement or security relating to any such money, judgment shall not be entered in default of appearance unless the leave of the Master or the Court as the case may be, has been obtained in accordance with the provisions of rule
  30. Provided also that in actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement (as defined by the Hire-Purchase Act, 1946 ) or any contract of guarantee relating to such an agreement, judgment shall not be entered in default of appearance unless the leave of the Master or the Court, as the case may be, has been obtained in accordance with the provisions of rule
  32. In case no appearance has been entered in a proceeding for the recovery of land within the time limited for appearance, or if an appearance be entered but the defence be limited to part of or to an undivided share in the land only, the plaintiff shall, subject to the provisions of rule 5, be at liberty, whether claims in respect of mesne profits, arrears of rent, or double rent, or damages for breach of contract, or wrong or injury to the premises claimed, have or have not been indorsed on the summons, to enter judgment in the Central Office that the person whose title is asserted in the summons shall recover possession of the land, or of the part or undivided share thereof to which the defence does not apply. Such judgment shall not contain any award of costs, but same shall be without prejudice to the plaintiff's right to have the costs taxed by the proper officer, and to proceed by action for recovery of such mesne profits, arrears of rent or double rent, damages, and costs, or any of them. Provided that if the proceeding be for recovery of land for non-payment of rent, no judgment shall be entered under this rule until an affidavit has been filed made by the landlord, his agent, receiver, or clerk, stating that there was at the commencement of the proceeding at least one year's rent due over and above all just and fair allowances.
  33. In case no appearance has been entered in a proceeding for the recovery of land within the time limited for appearance, or if an appearance be entered but the defence be limited to part of or to an undivided share in the land only, the plaintiff, in lieu of proceeding under rule 4, shall, as to the claim for recovery of such land or such part or undivided share thereof, as the case may be, and the claim (if any) in respect of mesne profits, arrears of rent, or double rent, or damages for breach of contract, or wrong or injury to the premises claimed, be at liberty (in the case of a proceeding commenced by plenary summons) to proceed under rule 6 or (in the case of a proceeding commenced by summary summons) to set the summons down for hearing on such day as the Master may fix, and in such latter case, such judgment may be given, on the hearing of the summons, as the Master, in a case within his jurisdiction, or the Court may consider the plaintiff to be entitled to.
  34. In case of default of appearance by any defendant (other than such defendant as is in rule 1 mentioned) to a plenary summons, the plaintiff shall, except in the case of a claim otherwise provided for in any of the preceding rules of this Order, deliver a statement of claim by filing the same in the Central Office and thereupon may apply to the Court for judgment in the proceeding in default of appearance, and (if necessary) ascertainment of any damages to which the plaintiff may be entitled, with a jury in case any party is entitled to a jury and requires such, but otherwise without a jury, and in the latter case the Court may fix the amount of such damages itself on evidence by affidavit or otherwise, or may refer the matter to the Master to determine.
  35. Where a summons is indorsed with a claim for the delivery of specific goods, either alone or with any other claim, and the defendant fails to appear, the plaintiff may, if he require the specific delivery of such goods, apply to the Court for an order for judgment for the return of the goods detained without giving the defendant the option of retaining such goods upon paying the value thereof and for the ascertainment, in such manner as the Court may direct, of the goods in respect of the non-delivery of which the plaintiff is entitled to recover and which remain undelivered, and, upon the same being so ascertained an order of delivery may issue for the same.
  36. Where an originating summons (whether plenary or summary) is indorsed with a claim for a liquidated demand and there are several defendants, of whom one or more appear, to the summons, and another or others of them fail to appear, the plaintiff may enter final judgment as in rule 3 mentioned against such as have not appeared, and may issue execution upon such judgment, without prejudice to his right to proceed against such of the defendants as have appeared.
  37. Where there are several defendants to such a plenary summons as is mentioned in rule 6 and one or more of such defendants appear to such summons, and another or others of them fail to appear, the plaintiff may proceed under the said rule against the defendant or defendants so failing to appear and the application for judgment thereunder shall be heard and the damages (if any) to which the plaintiff may be entitled ascertained, as against such defendant or defendants, at the same time as the trial of the proceeding or issue therein against the other defendant or defendants, unless the Court shall otherwise direct.
  38. Where a plenary summons is indorsed with a claim for a liquidated demand together with another claim or other claims and any defendant fails to appear thereto, the plaintiff may enter final judgment for the liquidated demand, together with interest (if any) and costs as provided in the preceding rules of this Order, against the defendant or defendants failing to appear and may proceed, as to the other claim or claims, as provided in such of the said rules as may be applicable.
  39. Where final judgment is entered pursuant to any of the preceding rules of this Order, it shall be lawful for the Court to set aside or vary such judgment upon such terms as may be just.
  40. Where an originating summons is indorsed with a claim on any bond, covenant, or agreement within the Common Law Procedure Amendment Act (Ireland), 1853, section 145, and the defendant fails to appear thereto, no statement of claim shall be delivered and the plaintiff may, without any suggestion of breaches, apply by motion to the Court for leave to enter judgment for such sum as may seem just, and on such application the Court may order judgment to be entered accordingly or may direct such inquiry, or trial of issues, as may appear to be necessary for the ascertainment of the plaintiff's demand, and if the sum ascertained to be due does not amount to the sum mentioned in such bond, covenant, or agreement, the plaintiff, his executors or administrators, may in the event of any subsequent breach, from time to time, apply to the Court, and the Court may thereupon so far as the sum mentioned in such bond, covenant, or agreement, or the remainder thereof, will reach, make such further order or direct such further inquiry or trial to the effect aforesaid, as may be just.
  41. In any case in which the plaintiff is not entitled to enter final judgment in the Central Office under any of the preceding rules of this Order, and in which the defendant fails, or all the defendants if more than one, fail to appear, but in which, by reason of payment, satisfaction, abatement of nuisance, or for any other reason, it is unnecessary for the plaintiff to proceed, he may by leave of the Master, to be obtained by motion on notice, enter judgment for costs. Provided that such notice shall be filed and shall be served in the manner in which service of the summons has been effected, or in such other manner as the Master may direct. 14.
(1)In proceedings brought by a moneylender or the personal representative or representatives of a moneylender or an assignee for the recovery of money lent by the moneylender or the enforcement of any agreement or security relating to any such money, an application for leave to enter judgment in default of appearance shall be made by notice returnable before the Master not less than four clear days after service of the notice.
(2)Such notice shall not be issued until the time limited for entering an appearance has expired and a proper affidavit of service of the summons has been filed. The notice may be served personally or by registered post, addressed to the defendant at his last known place of address.
(3)At the hearing of the application, whether the defendant appears or not, the Master or the Court, as the case may be— ( a ) may exercise the powers of the Court under the Moneylenders Act, 1900 section 1
(1), as amended by the Moneylenders Act, 1933, section 17, and ( b ) if satisfied by affidavit or otherwise that the notice has been duly served, may give leave to enter final judgment for the whole or part of the claim, and ( c ) as regards any part of the claim as to which leave to enter final judgment is refused, may give any such directions or make any such order as might have been given or made upon the hearing of the summons or of a motion for judgment, as the case might be, if the defendant had entered an appearance, upon such terms as to notice to the defendant and otherwise as may be thought just. 15. In actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement or any contract of guarantee relating to such an agreement, an application for leave to enter judgment in default of appearance shall be made in the same manner as is prescribed in paragraphs
(1)and
(2)of rule 14, and judgment shall not be entered until an affidavit shall have been filed stating that the requirements specified in section 3 or section 4 (as the case may be) of the Hire Purchase Act, 1946 , as amended by sections 21 and 22 of the Hire Purchase Act, 1960, have been complied with.
  1. In any case coming before him under any of the preceding rules of this Order, the Master may, in lieu of giving or refusing leave to enter judgment, place the summons in the Court list for hearing.
  2. In all proceedings not by the rules of this Order otherwise specially provided for, in case the party served with the summons does not appear within the time limited for appearance, upon the filing by the plaintiff of a proper affidavit of service and, where appropriate, of a statement of claim, the proceeding may proceed as if such party had appeared, subject, as to actions where an account is claimed, to the provisions of Order
  4. Before judgment by default shall be entered for any liquidated demand under this Order an affidavit shall be filed specifying the sum then actually due.
  5. If, in any case in which a plaintiff is entitled to enter final judgment in the Central Office under any of the preceding rules of this Order, the plaintiff claims interest on the whole or any part of the sum of money for which he is entitled to enter such judgment between the date on which the cause of action accrued and the date of judgment under section 22 of the Courts Act, 1981 , the plaintiff may apply to the Court ex parte for an order for judgment inclusive of such interest. The said application shall be supported by an affidavit sworn by the plaintiff or some other person who can positively swear to the facts specifying the sum then actually due and the facts relied on in support of the claim for interest. ORDER
  6. ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN.
  7. Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction, may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action; and any party to an action may in such case apply to the Court for a statement of the names of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Court may direct.
  8. When plaintiffs sue in the name of their firm, they or their solicitor shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitor shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Court may direct. When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as the plaintiffs in the summons; but all proceedings shall nevertheless continue in the name of the firm.
  9. Where persons are sued as partners in the name of their firm under rule 1 the summons shall be served either upon any one or more of the partners or at the principal place within the jurisdiction, of the business of the partnership, upon any person having at the time of service control or management of the partnership business there; and, subject to these Rules, such service shall be deemed good service upon the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a summons against them shall be necessary: provided that in the case of a co-partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the summons shall be served upon every person within the jurisdiction sought to be made liable.
  10. Where a summons is issued against a firm, and is served as directed by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service whether he is served as a partner or as a person having the control or management of the partnership, business, or in both characters. In default of such notice, the person served shall be deemed to be served as a partner.
  11. Where persons are sued as partners in the name of their firm, they shall appear individually in their own name, but all subsequent proceedings shall, nevertheless, continue in the name of the firm.
  12. Where a summons is served under rule 3 upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a member of the firm sued. 7.
(1)Any person served as a partner under rule 3, but who denies that he was a partner or liable as such at any material time may enter an appearance stating therein that he does so as "a person served as a partner in the defendant firm but who denies that he was a partner at any material time." Such appearance, so long as it stands, shall be treated as an appearance for the firm.
(2)If an appearance is so entered— ( a ) the plaintiff may apply to set it aside on the ground that the person entering it was a partner or liable as such, or may leave that question to be determined at a later stage of the proceedings; or ( b ) the person entering the appearance may apply to set aside the service on him on the ground that he was not a partner or liable as such, or he may, at the proper time, deliver a defence denying either or both his liability as a partner and the liability of the defendant firm in respect of the plaintiff's claim.
(3)On the application of either party, an order may at any time be made that either or both of the questions as to the liability of the person served and the liability of the defendant firm may be tried in such manner and at such time as the Court may think fit. 8.
(1)Where a judgment or order is against a firm, execution may issue against— ( a ) any property of the partnership within the jurisdiction; ( b ) any person who has appeared in his own name under rules 5 or 6 or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner; ( c ) any person who has been individually served, as a partner, with the summons and has failed to appear.
(2)If the party who has obtained judgment or an order claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court for leave to do so; and the Court may give such leave if the liability be not disputed, or if such liability be disputed may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined. Except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member thereof who was out of the jurisdiction when the summons was issued, and who has not appeared to the summons unless he has been made a party to the action under Order 11 or has been served within the jurisdiction after the summons in the action was issued.
  1. Debts owing from a firm carrying on business within the jurisdiction may be attached under Order 45 although one or more members of such firm may be resident abroad; provided that a person having the control or management of the partnership business, or a member of the firm within the jurisdiction, is served with the garnishee order. An appearance by any member pursuant to an order shall be a sufficient appearance by the firm.
  2. The preceding rules of this Order shall apply to actions between a firm and one or more of its members, and to actions between firms having one or more members in common, provided such firm or firms carry on business within the jurisdiction; but no execution shall be issued in such actions without leave of the Court, and, on an application for leave to issue such execution, all such accounts and inquiries maybe directed to be taken and made and all such directions given as may be just.
  3. Any person carrying on business within the jurisdiction in a name or style other than his own name, may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules relating to proceedings against firms shall apply. ORDER
  4. PARTIES. I. General. 1.
(1)All persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if such persons brought separate actions, any common question of law or fact would arise; provided that if, upon the application of any defendant, it shall appear that such joinder may embarrass or delay the trial of the proceeding, the Court may order separate trials or make such order as may be expedient.
(2)In a case under this rule judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment but the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who shall not be found entitled to relief, unless the Court shall otherwise direct.
  1. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court may, if satisfied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as may be just.
  2. Where in an action any person has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counter-claim or set-off, he may obtain the benefit thereof by establishing his counterclaim or set-off as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon.
  3. All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. Judgment may be given against such one or more of such defendants as may be found to be liable, according to their respective liabilities, without any amendment.
  4. It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him; but the Court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.
  5. The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.
  6. Where the plaintiff is in doubt as to the person from whom he is entitled to redress he may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.
  7. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Court may, at any stage of the proceedings, order any of such persons to be made parties either in addition to or in lieu of the previously existing parties. This rule shall apply to trustees, executors and administrators sued in proceedings to enforce a security by sale or otherwise.
  8. Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorised by the Court to defend, in such cause or matter, on behalf, or for the benefit, of all persons so interested.
  9. Where in proceedings concerning a trust a compromise is proposed, and some of the persons interested in the compromise are not parties to the proceedings, but there are other persons in the same interest before the Court and assenting to the compromise, the Court, if satisfied that the compromise will be for the benefit of the absent person and that to require service on such persons would cause unreasonable expense or delay, may approve the compromise and order that the same shall be binding on the absent persons, and they shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts.
  10. Any person proceeding to prove a will in solemn form, or to revoke the probate of a will, may, if the will affects real estate, apply to the Court for an order authorising him to cite or make the heir or heirs-at-law, or other person or persons having or pretending interest in such real estate, a party or parties to the action, and the Court, on being satisfied by affidavit that the will in question does affect or purport to affect the real estate, may make an order authorising the person applying to cite the heir or heirs-at-law or such person or persons as aforesaid; provided always that the Court may give any special directions which it may think the justice of the case requires.
  11. Subject to the provisions of the Acts and these Rules, in all probate actions the rules as to parties and as to citations to see proceedings in use in the Court of Probate immediately before 1st January, 1878, shall continue to be in force. Citations to see proceedings shall issue from the Central Office.
  12. No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto. Every party whose name is so added as defendant shall be served with a summons or notice in manner hereinafter mentioned, or in such other manner as the Court may direct, and the proceeding as against such party shall be deemed to have begun only on the making of the order adding such party.
  13. Any application to add or strike out or substitute a plaintiff or defendant may be made to the Court at any time before trial by motion or at the trial of the action in a summary manner.
  14. Where a defendant is added or substituted the plaintiff shall, unless otherwise ordered by the Court, file an amended copy of and take out a summons and serve such new defendant with such summons or notice in lieu thereof in the same manner as original defendants are served. If a statement of claim has been delivered previously to such defendant being added, the same shall, unless otherwise ordered by the Court, be amended in such manner as the addition or substitution of such new defendant shall render necessary or desirable, and a copy of such amended statement of claim shall be delivered to such new defendant at the time when he is served with the summons or notice or afterwards within four days after his appearance. II. Person under disability.
  15. An infant may sue as plaintiff by his next friend in the manner heretofore in use, and may, in like manner, defend by his guardian appointed for that purpose. On the infant's attaining full age, the next friend or guardian may apply on affidavit to the Registrar in the Central Office for a certificate that the plaintiff or defendant lately an infant may proceed or defend in his own name.
  16. A person of unsound mind may sue as plaintiff by his committee or next friend, and may defend by his committee or guardian appointed for that purpose.
  17. An infant shall not enter an appearance except by his guardian ad litem. No order for the appointment of such guardian shall be necessary, but the solicitor applying to enter such appearance shall make and file an affidavit in the Form No. 4 in Appendix A, Part II.
  18. Every infant served with a petition or notice of motion or other document in a matter, shall appear on the hearing thereof by a guardian ad litem, in all cases in which the appointment of a special guardian is not provided for. No order for the appointment of such guardian shall be necessary, but the solicitor by whom he appears shall previously make and file an affidavit as in rule 18 mentioned.
  19. Before the name of any person shall be used in any cause or matter as next friend of any infant or other party, or as relator, such person shall sign a written authority to the solicitor for that purpose, and the authority shall be filed in the proper office.
  20. In all causes or matters to which any infant or person of unsound mind, whether so found by inquisition or not, or person under any other disability, is a party, any consent as to the mode of taking evidence or as to any other procedure shall, if given with the consent of the Court by the next friend, guardian, committee or other person acting on behalf of the person under disability, have the same force and effect as if such party were under no disability and had given such consent. Provided that no such consent by the committee of any person of unsound mind shall be valid as between him and such person, unless given with the sanction of the President of the High Court. III. Administration and execution of trusts. 22.
(1)In any case in which the right of an heir-at-law, or the next-of-kin, or a class, shall depend upon the construction which the Court may put upon an instrument and it shall not be known or shall be difficult to ascertain who is or are such heir-at-law or next-of-kin or class, and the Court shall consider that in order to save expense or for some other reason it will be convenient to have the questions of construction determined before such heir-at-law, next-of-kin or class shall have been ascertained by means of inquiry or otherwise, the Court may appoint some one or more persons to represent such heir-at-law, next-of-kin or class, and the judgment of the Court in the presence of such persons shall be binding upon the heir-at-law, next-of-kin or class so represented.
(2)In any other case in which an heir-at-law, or any next-of-kin, or a class shall be interested in any proceedings, the Court may, if, having regard to the nature and extent of the interest of such persons or any of them, it shall appear expedient on account of the difficulty of ascertaining such persons, or in order to save expense, appoint one or more persons to represent such heir, or to represent all or any of such next-of-kin or class, and the judgment or order of the Court in the presence of the persons so appointed shall be binding upon the persons so represented.
  1. Any residuary legatee or next-of-kin entitled to a judgment or order for the administration of the personal estate of a deceased person may have the same without serving the remaining residuary legatees or next-of-kin.
  2. Any legatee interested in a legacy charged upon real estate, and any person interested in the proceeds of real estate directed to be sold, and who may be entitled to a judgment or order for the administration of the estate of a deceased person, may have the same without serving any other legatee or person interested in the proceeds of the estate.
  3. Any residuary devisee or heir entitled to the like judgment or order may have the same without serving any co-residuary devisee or co-heir.
  4. Any one of several cestuis que trustent under any deed or instrument entitled to a judgment or order for the execution of the trusts of the deed or instrument may have the same without serving any other cestui que trust.
  5. In all cases of actions for the prevention of waste or otherwise for the protection of property, one person may sue on behalf of himself and all persons having the same interest.
  6. Any executor, administrator, or trustee entitled thereto may have a judgment or order against any one legatee, next-of-kin or, cestui que trust for the administration of the estate or the execution of the trusts.
  7. Any mortgagee or other incumbrancer on land entitled to a sale of the mortgaged lands may have a judgment or order for such sale without serving any other mortgagee or incumbrancer, or a trustee for such mortgagee or incumbrancer, unless such mortgagee, incumbrancer, or trustee is in the actual possession or receipt of the rents and profits of the mortgaged or incumbered lands; provided always, that a person, at whose suit or for whose benefit a receiver or sequestrator has been appointed or extended, or continues to receive the rents and profits of the lands, shall not be deemed to be in receipt of such rents and profits within the meaning of this rule.
  8. The Court may require any person to be made a party to any action or proceeding, and may give the conduct of the action or proceeding to such person as the Court may think fit, and may make such order in any particular case as it may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question.
  9. Wherever, in any action for the administration of the estate of a deceased person, or the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or order has been pronounced or made— ( a ) for an account; or ( b ) under Order 33; or ( c ) affecting the rights or interests of persons not parties to the action; the Court may direct that any person interested in the estate or under the trust or in the hereditaments shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may, within one month after such service, apply to the Court to discharge, vary or add to the judgment or order.
  10. It shall not be necessary for any person served with notice of any judgment or order to obtain an order for liberty to attend the proceedings under such judgment or order, but such persons shall be at liberty to attend the proceedings upon entering an appearance in the same manner and subject to the same provisions as a defendant entering an appearance.
  11. Notice of a judgment or order served pursuant to rule 31 shall be entitled in the action and there shall be indorsed thereon a memorandum in the Form No. 30 in Appendix G.
  12. A memorandum of the service upon any person of notice of the judgment or order in any action under rule 31 shall be filed in the Central Office upon due proof by affidavit of such service. The memorandum shall be in the Form No. 31 in Appendix G.
  13. Notice of a judgment or order served pursuant to rule 31 on an infant or person of unsound mind not so found by inquisition shall be served in the same manner as an originating summons in an action. At any time during the proceedings under any such order, the Court may require a guardian ad litem to be appointed for any infant or person of unsound mind not so found by inquisition, who has been served with notice of such order.
  14. In any cause or matter to execute the trusts of a will it shall not be necessary to make the heir-at-law a party, but the plaintiff shall be at liberty to make the heir-at-law a party where he desires to have the will established against him.
  15. If in any cause, matter, or other proceeding it shall appear to the Court that any deceased person who was interested in the matter in question has no legal personal representative, the Court may proceed in the absence of any person representing the estate of the deceased person or may appoint some person to represent his estate for all the purposes of the cause, matter or other proceeding on such notice to such persons, if any, as the Court shall think fit, either specially or generally by public advertisement, and the order so made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased person had been a party to the cause, matter or proceeding.
  16. In any cause or matter for the administration of the estate of a deceased person no party other than the executor or administrator shall, unless by leave of the Court, be entitled to appear at any stage on the claim of any person not a party to the cause or matter against the estate of the deceased person in respect of any debt or liability. The Court may direct or give liberty to any other party to the cause or matter to appear, either in addition to or in the place of the executor or administrator, upon such terms as to costs or otherwise as the Court may think fit. ORDER
  17. THIRD-PARTY PROCEDURE. 1.
(1)Where in any action a defendant claims as against any person not already a party to the action (in this Order called "the third-party")— ( a ) that he is entitled to contribution or indemnity, or ( b ) that he is entitled to any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or ( c ) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and the third-party or between any or either of them, the Court may give leave to the defendant to issue and serve a third-party notice and may, at the same time, if it shall appear desirable to do so, give the third party liberty to appear at the trial and take such part therein as may be just, and generally give such directions as to the Court shall appear proper for having any question or the rights or liabilities of the parties most conveniently determined and enforced and as to the mode and extent in or to which the third-party shall be bound or made liable by the decision or judgment in the action.
(2)The application for such leave shall be made by motion on notice to the plaintiff. Unless the plaintiff wishes to add the third party as a defendant, his attendance at the hearing of the motion shall not be necessary. If he does attend, he shall not be entitled to costs except by special direction of the Court.
(3)Application for leave to issue the third-party notice shall, unless otherwise ordered by the Court, be made within twenty-eight days from the time limited for delivering the defence or, where the application is made by the defendant to a counterclaim, the reply. 2.
(1)The third-party notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and the nature and extent of any relief or remedy claimed and any directions of the Court given under rule 1
(1)hereof. It shall be in accordance with the Form No. 1 or the Form No. 2 in Appendix C, and shall be sealed, and served on the third-party, and a copy thereof filed with the proper officer in the same manner as in the case of an originating summons.
(2)The notice shall, unless otherwise ordered by the Court, be served within twenty-eight days from the making of the order, and with it there shall be served a copy of the originating summons and of any pleadings delivered in the action. 3. The third-party shall, as from the time of the service upon him of the notice, be a party to the action with the same rights in respect of defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant. 4.
(1)The third-party may enter an appearance in the action within eight days from service or within such further time as may be directed by the Court and specified in the notice: Provided that the third-party failing to appear within such time may apply to the Court for leave to appear, and such leave may be given upon such terms, if any, as the Court may think fit. The memorandum of appearance shall be in the Form No. 3 in Appendix A, Part II.
(2)Where a third party has entered an appearance and has requested a statement of claim, the defendant shall deliver a statement of claim to the third party within twenty-one days from the entry of appearance.
(3)Where a third-party has entered an appearance he shall deliver his defence— ( a ) in case he has not by notice requested a statement of claim, within twenty-eight days from the entry of appearance; or ( b ) in case he has requested a statement of claim, within twenty-eight days from the date of delivery of the statement of claim.
  1. If a third-party duly served with a third-party notice does not enter an appearance or makes default in delivering any pleading which he has been ordered or is bound to deliver, he shall be deemed to admit the validity of and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein on any question specified in the notice; and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of such contribution or indemnity or other relief or remedy.
  2. Where a third-party makes default in entering an appearance or delivering any pleading which he has been ordered or is bound to deliver and the defendant giving the notice suffers judgment by default, such defendant shall be entitled at any time, after satisfaction of the judgment against himself, or before such satisfaction by leave of the Court, to enter judgment against the third-party to the extent of any contribution or indemnity claimed in the third-party notice, or, by leave of the Court, to enter such judgment in respect of any other relief or remedy claimed as the Court shall direct: provided that it shall be lawful for the Court to set aside or vary such judgment against the third-party upon such terms as may seem just.
  3. After the third-party enters an appearance, and before the expiration of the time limited for delivery of defence, he may, after serving notice of the intended application

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.