ORDER 7

ORIGINATING SUMMONSES: GENERAL PROVISIONS

1. The provisions of this Order apply to all originating summonses subject, in the case of originating summonses of any particular class, to any special provisions relating to originating summonses of that class made by these Rules or by or under any Act or Ordinance.

2. (1) Every originating summons must be in Form No 7, 8, 9, 10 or 11 in Appendix A, whichever is appropriate.

(2) The party taking out an originating summons (other than an ex parte summons) shall be described as a plaintiff, and the other parties shall be described as defendants.

3. (1) Every originating summons must include a statement of the questions on which the plaintiff seeks the determination of direction of the High Court or as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy.

(2) Order 6, rule 3 and 4 shall apply in relation to an originating summons as they apply in relation to a writ.

4. Order 6, rule 5 shall apply in relation to an originating summons as it applies in relation to a writ.

5. Order 6, rule 6 shall apply in relation to an originating summons as it applies in relation to a writ.

6. Order 6 rule 7, shall apply in relation to an originating summons as it applies in relation to a writ.

Ex parte Originating Summonses

7. (1) Rules 2(1) and 3 (1) shall, so far as applicable, apply to ex parte originating summonses; but save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses.