[O. 75, rr. 1-4

ORDER 75

PROCEEDINGS BY AND AGAINST THE STATE

1. (1) These Rules apply to civil proceedings to which the State is a party subject to the following rules of this Order.

(2) In this Order-

2. In civil proceedings by or against the State wherever begun, no order shall be made under Order 4, rules 2(2), 2(3) or 3(4) for the removal of the proceedings upon the application of any party to the proceedings, other than the Attorney General, except with the consent of the Attorney General.

3. (1) In the case of a writ which begins civil proceedings against the State, the indorsement of claim required by Order 6, rule 2, shall contain reasonable information as to the circumstances in which it is alleged that the liability of the State has arisen and as to the government department and officers of the State concerned.

(2) If in civil proceedings against the State, a defendant considers that the endorsement of claim does not contain sufficient information as required by this rule, he may, before the expiration of the time limited for appearance, by notice in writing to the plaintiff request further information as specified in the notice.

(3) Where a defendant gives notice under this rule, the time limited for appearing shall not expire until 4 days after the defendant has notified the plaintiff in writing that the defendant is satisfied with the information supplied in compliance with the notice or 4 days after a Judge has, on the application of the plaintiff by summons served on the defendant not less than 7 days before the return day, decided that no further information as to the matters referred to in paragraph (1) is reasonably required.

4. (1) Order 10, Order 11 and any other provision of these Rules relating to service out of the jurisdiction shall not apply in relation to the service of any process by which civil proceedings against the State are begun.

(2) Personal service of any document required to be served on the State, for the purpose of or in connection with any civil proceedings is not requisite; but where the proceedings are by or against the State

[O. 75, rr. 4-9

service on the State of any document, other than a document mentioned in section 20(1) of the State Liability and Proceedings Act, 1966, must be effected-

(3) In relation to the service of any document required to be served on the State for the purpose of or in connection with any civil proceedings by or against the State, Order 65, rule 5 and 9 shall not apply and Order 65 rule 7 shall apply as if the reference to rules 2 and 5(1)(a) were a reference to section 20(1) of the State Liability and Proceedings Act, 1966, in so far as that section relates to delivering or leaving a document, and to paragraph 2(a) of this rule.

5. In civil proceedings against the State begun in the Sub-Registry of San Fernando, the Attorney General may, instead of entering appearance at that Sub-Registry, enter appearance in the Registry and if he does so the proceedings shall, subject to rule 2, continue in the Registry.

6. (1) Order 18 rule 2 shall have effect as if for the period of 14 days stipulated therein there were substituted a period of 28 days as the period within which the Attorney General is required to serve a defence in any civil proceedings against the State.

(2) The reference in paragraph (1) to order 18 rule 2 includes a reference to that rule as applied by any other provision of these Rules.

7. (1) Notwithstanding Order 15, rule 2, and Order 18, rules 17 and 18, a person may not in any proceedings by the State make any counterclaim or plead a set-off if the proceedings are for the recovery of, or the counterclaim or set-off arises out of a right or claim to repayment in respect of, any taxes, duties or penalties.

(2) Notwithstanding Order 15, rule 2, and Order 18, rules 17 and 18, no counterclaim may be made, or set-off pleaded, without the leave of the Court, by the State in proceedings against the State, or by any person in proceedings by the State.

(3) Any application for leave under this rule must be made by summons.

8. (1) No application against the State shall be made under Order 14, rule 1, or Order 83, rule 1, in any proceedings against the State nor under Order 14, rule 5, in any proceedings by the State.

(2) Where an application is made by the State under Order 14, rule 1, Order 14, rule 5, or Order 83, rule 1, the affidavit required in support of the application must be made by-

and the affidavit shall be sufficient if it states that in the deponent’s belief the applicant is entitled to the relief claimed and there is no defence to the claim or part of a claim to which the application relates or no defence except as to the amount of any damages claimed.

(9) (1) This rule applies to applications under section 16 of the State Liability and Proceedings Act, 1966.

(2) An application to which this rule applies may be made by originating motion or by originating summons.

[O. 75, rr. 9-12

(3) The person from whom an account or information or payment is claimed or by whom any books are required to be produced must be made respondent or, where the application is made by originating summons, defendant to the application.

(4) An originating summons or notice of originating motion under this rule-

(5) Upon any application to which this rule applies an affidavit by a duly authorised officer of the Government Department concerned setting out the state of facts upon which the application is based and stating that he has reason to think that those facts exist shall be evidence of those facts; and if evidence is filed disputing any of those facts, further evidence may be filed, and the Court may either decide the matter upon the affidavit (after any cross-examination that may have been ordered) or may direct that it be decided by oral evidence in Court.

(6) An order in favour of the State on an application to which this rule applies shall, unless the Court otherwise determines, name a time within which each of its terms is to be complied with.

(7) For the purpose of Order 59 rule 7 all orders made on application to which this rule applies shall be deemed to be interlocutory.

(8) Nothing in this rule shall, in relation to any case in which the only relief claimed by the State is the payment of money, be construed as requiring the State to proceed by way of an application to which this rule applies or as preventing the State from availing itself of any other procedure which is open to it under these Rules.

10. (1) Except with the leave of the Court, no judgment in default of appearance or of pleading shall be entered against the State in civil proceedings against the State or in third party proceedings against the State.

(2) Except with the leave of the Court, Order 16, rule 5(1)(a), shall not apply in the case of third party proceedings against the State.

(3) An application for leave under this rule may be made by summons or, except in the case of an application relating to Order 16, rule 5, by motion; and the summons or, as the case may be, notice of the motion must be served not less than 7 days before the return day.

11. (1) Notwithstanding anything in Order 16, a third party notice (including a notice issuable by virtue of Order 16, rule 9) for service on the State shall not be issued without the leave of the Court, and the application for the grant of such leave must be made by summons, and the summons must be served on the plaintiff and the State.

(2) Leave to issue such a notice for service on the State shall not be granted unless the Court is satisfied that the State is in possession of all such information as it reasonable requires as to the circumstances in which it is alleged that the liability of the State has arisen and as to the departments and officers of the State concerned.

12. No order shall be made against the State under Order 17, rule 5(3), except upon an application by summons served not less than 7 days before the return day.

[O. 75, rr. 13-16

13. (1) Order 24, rules 1 and 2, shall not apply in civil proceedings to which the State is a party.

(2) In any civil proceedings to which the State is a party any order of the Court made under the powers conferred by section 30(1) of the State Liability and Proceedings Act 1966, shall be construed as not requiring the disclosure of the existence of any document the existence of which it would, in the opinion of the Attorney General, be injurious to the public interest to disclose.

(3) Where in any such proceedings an order of the Court directs that a list of documents made in answer to an order for discovery against the State shall be verified by affidavit, the affidavit shall be made by such officer of the State as the Court may direct.

(4) Where in any such proceedings an order is made under the said section 30 for interrogatories to be answered by the State, the Court shall direct by what officer of the State the interrogatories are to be answered.

(5) In any proceedings by the State for the enforcement of any right for the enforcement of which proceedings by way of English information might have been taken if the State Liability and Proceedings Act, 1966, had not been passed, the State may serve interrogatories or further interrogatories (except any third or subsequent set of interrogatories) under Order 26 without the leave of the Court.

14. (1) Civil proceedings against the State may be instituted under Order 39, rule 15, in any case in which the State is alleged to have an interest or estate in the honour, title, dignity or office or property in question.

(2) For the avoidance of doubt it is hereby declared that any powers exercisable by the Court in regard to the taking of evidence are exercisable in proceedings by or against the State as they are exercisable in proceedings between subjects.

15. (1) Nothing in Orders 45 to 52 shall apply in respect of any order against the State.

(2) An application under the proviso to subsection (1) of section 27 of the State Liability and Proceedings Act, 1966, for a direction that a separate certificate shall be issued under that sub section with respect to the costs (if any) ordered to be paid to the applicant , may be made to the Court ex parte without summons.

(3) Any such certificate must be in Form No. 52 or 53 in Appendix A, whichever is appropriate.

16. (1) No order-

shall be made or have effect in respect of any money due or accruing due, or alleged to be due or accruing due, from the State.

(2) Every application to the Court for an order under section 29(1) of the State Liability and Proceedings Act 1966, restraining any person from receiving money payable to him by the State and directing payment of the money to the applicant or some other person must be made by summons served at least 4 days before the return day on the State and, unless the Court otherwise orders, on the person to be restrained or his solicitor; and the application must be supported by an affidavit setting out the facts giving rise to it, and in particular identifying the particular debt from the State in respect of which it is made.

(3) Order 49, rules 5 and 6, shall apply in relation to such an application as is mentioned in paragraph (2) for an order restraining a person from receiving money payable to him by the State as those

[O. 75, rr. 16-19

rules apply to an application under Order 49, rule 1, for an order for the attachment of a debt owing to any person from a garnishee, except that the Court shall not have power to order execution to issue against the State.

17. (1) An application by any person under section 12(5) of the State Liability and Proceedings Act, 1966, for leave to bring proceedings in the name of the sender or addressee of a postal packet or his personal representative must be made by originating summons.

(2) The respondents to the summons shall be the Attorney General and the person in whose name the applicant seeks to bring the proceedings.

(3) No appearance need be entered to a summons under this rule.

18. An application such as is referred to in section 31(2) of the State Liability and Proceedings Act 1996, may be made to the Court at any time before trial by motion or summons, or may be made at the trial of the proceedings.

19. (1) Save as provided by the State Liability and Proceedings Act 1966, or by these Rules , civil proceedings by or against the State which have been instituted before the date of commencement of the said Act shall be governed by the practice and procedure immediately before that date.

(2) For the purpose of this Order, proceedings against the State by way of a claim against the State under the Crown Suits Ordinance, Ch 5 No 1 shall be deemed to have been instituted before the date of the commencement of the State Liability and Proceedings Act, 1966, if the statement of the claim with respect to the matter in question has been filed in the Supreme Court before that date.