1st Schedule solicitor, or proctor, or if it shall appear that any barrister, solicitor, or proctor has by any sort of deceit induced his client to enter into or continue any litigation, every such barrister, solicitor, or proctor shall, on failure of his client to pay any costs which he may be ordered to pay, be liable to pay the amount thereof to the party to whom costs. are given. Such failure shall be deemed to have taken place if the client shall have refused or neglected to make payment after a demand has been made on him, although no process of execution may have been used against him.

Restriction as to costs where barrister or solicitor

This rule shall not be construed to restrict the liability of any barrister, solicitor, or proctor in respect of the above-mentioned or any other misconduct for which he would otherwise be punishable.

8. Whenever in any cause a barrister or solicitor shall be engaged only on one side, if the party not so represented shall be unsuccessful, and costs be given against him, the successful party shall only be engaged only entitled to recover such costs as between party and party as would have been recoverable by him if he had not employed a barrister or solicitor, unless the Court shall certify (for reasons stated on the minutes) that he ought also to recover barrister's and solicitor's costs.

on one side.

9. No barrister, solicitor or proctor shall be entitled to recover any costs in respect of any proceedings beyond the amount applicable to such proceedings which may be allowed by the authorized scale of fees, or in matters not therein included, which the Court may allow on taxation, having regard to the skill, labour and responsibility involved.

10. No barrister or solicitor shall, without special leave of the Court, receive any money or property paid or recovered in or the subject of any cause or matter; and any receipt or discharge for such money or property granted by any such practitioner, otherwise than by authority of the Court, shall be void.

11. Every barrister, solicitor and proctor shall exhibit in a conspicuous place in the office or place in which he receives or transacts business with his clients, such copies of tables of fees and rules of Court as the Court may at any time direct to be so exhibited.

12. Any agreement intended to secure to a barrister, solicitor or proctor any remuneration, or to constitute any conditions of his employment other than authorized by this Order, shall be null and void, and if a practitioner enters into any such agreement, or receives any larger amount than authorized, either directly or indirectly, through any other person, for his use or benefit, he shall refund the whole amount of the overcharge, and shall be liable for a first offence to a fine, which may extend to double the amount of the overcharge or to twenty pounds, and for a subsequent offence to be suspended for such time as the Court thinks fit, or to have his name struck off the Roll.

THE SECOND SCHEDULE.

Order I.

APPLICATION OF THE RULES.

1. The rules in this Schedule shall be applied in all civil causes, In civil promatters, and proceedings to which they extend.

I. The Institution of Suits.

Order II.

FORM AND COMMENCEMENT OF SUITS.

cedure.

1. Every suit shall be commenced by a writ of summons to be Commenceissued by the Registrar. The summons shall issue without applica- ment by writ tion in writing.

of summons.

summons.

2. It shall contain the name and place of abode of the plaintiff and Contents of of the defendant so far as they can be ascertained; it shall state writ of briefly and clearly the subject-matter of the claim, and the relief sought for, and the date (called the return-day) and place of hearing.

3. Every writ of summons, and also every other writ, shall bear Date. date on the day on which it is issued.

4. Any alteration of the writ without leave of the Court shall Void if altered render the writ void. without leave,

5. No writ of summons for service out of the particular jurisdiction, No service out or of which notice is to be given out of the particular jurisdiction, of jurisdiction shall be issued without leave of the Court.

without leave.

6. In case service of the writ shall not have been effected within Limitation one year from the date thereof, the same shall become void. The and renewal of writs. Court may at any time before the expiration of the current period from time to time renew the writ for a further period, not exceeding six months at any one time.

7. The plaintiff in any suit may at the time of, or at any time Concurrent during twelve months after the issuing of the original writ of sum- writs. mons, issue one or more concurrent writ or writs, each concurrent writ to bear teste of the same day as the original writ, and to be marked by the Registrar with the word "concurrent" and the date of issuing the concurrent writ: provided always that such concurrent writ or writs shall only be in force for the period during which the original writ in such suit shall be in force.

A writ for service within the jurisdiction may be issued and marked as a concurrent writ with one for service, or whereof notice in lieu of service is to be given out of the jurisdiction: and a writ for service, or whereof notice in lieu of service is to be given, out of the jurisdiction, may be issued and marked as a concurrent writ with one for service within the jurisdiction.

8. Whenever a writ of summons shall be issued on the application Notice of of any person, the Registrar shall forthwith give or cause to be given hearing to plaintiff. to such person, or his agent applying for the summons, a hearing notice in the Form 31 in the Appendix A hereto.

2nd Schedule

Suit on behalf

of others.

Joint ground

of suit.

Where joint interest,

parties may be authorized to sue or defend for others. Joint and several demand.

Non-joinder.

Misjoinder.

Proceedings by or against

partners.

Distinct

causes of suit in one writ.

Order III.

PARTIES.

1. If the plaintiff sues, or any defendant is sued in any representative capacity, it shall be expressed on the writ. The Court may order any of the persons represented to be made parties either in lieu of, or in addition to, the previously existing parties.

2. Where a person has jointly with other persons a ground for instituting a suit, all those other persons ought ordinarily to be made parties to the suit.

3. Where more persons than one have the same interest in one suit, one or more of such persons may be authorised to sue or to defend in such suit for the benefit of or on behalf of all parties so interested.

4. Where a person has a joint and several demand against more persons than one, either as principals or as sureties, it is not necessary for him to bring before the Court as parties to a suit concerning that demand all the persons liable thereto, and he may proceed against any one or more of the persons severally or jointly and severally liable. Where a defendant claims contribution, indemnity, or other remedy or relief over against any other person he may apply to have such person made a party to the suit.

5. If it shall appear to the Court, at or before the hearing of a suit, that all the persons who may be entitled to, or who claim some share or interest in the subject-matter of the suit, or who may be likely to be affected by the result, have not been made parties, the Court may adjourn the hearing of the suit to a future day, to be fixed by the Court, and direct that such persons shall be made either plaintiffs or defendants in the suit, as the case may be. In such case the Court shall issue a notice to such persons, which shall be served in the manner provided by the rules for the service of a writ of summons, or in such other manner as the Court thinks fit to direct; and on proof of the due service of such notice, the person so served, whether he shall have appeared or not, shall be bound by all proceedings in the cause: Provided that a person so served, and failing to appear within the time limited by the notice for his appearance, may, at any time before judgment in the suit, apply to the Court for leave to appear, and such leave may be given upon such terms (if any) as the Court shall think fit.

The Court may at any stage of the proceedings, and on such terms as appear to the Court to be just, order that the name or names of any party or parties, whether as plaintiffs or as defendants, improperly joined, be struck out.

6. Any persons claiming or being liable as co-partners may sue or be sued in the name of their respective firms (if any); and any party to an action may in such case apply to the Court for a statement of the names of the persons who are co-partners in any such firm, to be furnished in such manner and verified on oath or otherwise, as the Court may direct.

7. In case a writ states two or more distinct causes of suit by and against the same parties, and in the same rights, the Court may,

r

either before or at the hearing, if it appears inexpedient to try the 2nd Schedule different causes of suit together, order that the trials be had separately, and make such order as to adjournment and costs as justice requires.

8. In case a writ states two or more distinct causes of suit, but not Misjoinder of by and against the same parties, or by and against the same parties suits. but not in the same rights, the writ may, on the application of any defendant, be amended or dismissed, as justice may require.

Order IV.

PAPERS ANNexed.

1. Where a party seeks (in addition to or without any order for In what cases. the payment of money) to obtain as against any person any general or special declaration of his rights under any contract or instrument, or to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled, or to restrain any defendant by injunction, or to have an account taken between himself and any other party, and in such other cases as the nature of the circumstances makes it necessary or expedient, the plaintiff or defendant may, in the writ of summons or in any pleading, refer to and briefly describe any documents on the contents of which he intends to rely, and annex copies of such documents to the writ or pleading, or may state any reason for not annexing copies which he may have to allege.

2. Such party shall allow the opposite party to inspect any such Inspection of documents as are in his possession or power.

Order V.

PARTICULARS OF CLAIM.

documents.

1. It shall be sufficient for the plaintiff to state his claim in the Particulars of writ of summons briefly in a general form, but he may deliver to the claim. Registrar, at the time of making application for the writ of summons, particulars of his demand in any form which shall give the defendant reasonably sufficient information as to the details of his claim.

Whenever the plaintiff shall deliver such particulars he shall also deliver to the Registrar as many duplicates thereof as there are defendants.

It shall be lawful for any Judge or Commissioner in his discretion to refuse to sign any writ of summons until the plaintiff shall have delivered to the Registrar such particulars and duplicates: Provided that where the plaintiff is illiterate and unable to furnish the required particulars in writing, the particulars shall be prepared by the Registrar from the dictation of the plaintiff or his agent, and the duplicates shall be also made by the Registrar.

The Registrar shall annex the particulars to the writ of summons and shall annex to each copy of the summons for service a duplicate of such particulars.

2. The Court may, on the application of the defendant, or on its Further own motion, order further or better particulars.

particulars.

2nd Schedule

3. The plaintiff shall not, at the hearing, obtain a judgment for any sum exceeding that stated in the particulars, except for subsequent Judgment not interest and the costs of suit, notwithstanding that the sum claimed in the writ for debt or damages exceeds the sum stated in the particulars.

to exceed

claim.

Amendment thereof.

Amendment thereof at trial.

4. Particulars of claim shall not be amended except by leave of the Court, and the Court may, on any application for leave to amend, grant the same on its appearing that the defendant will not be prejudiced by the amendment. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.

5. Any variance between the items contained in the particulars and the items proved at the hearing, may be amended at the hearing, either at once or on such terms as to notice, adjournment or costs, as justice requires.

To assign place for service.

Court may require security in respect of

counterclaims.

By Divisional Court or District Commissioner.

Court may appoint guardians to infant defendants

and persons of weak mind.

Order VI.

PLAINTIFF OUT OF JURISDICTION.

1. Where a plaintiff, on whose behalf or by whom a suit is instituted or carried on, either alone or jointly with any other person, is out of the jurisdiction, or is only temporarily therein, he shall assign a fit place within the jurisdiction where notices or other papers issuing from the Court may be served on him.

2. If it shall be made to appear on oath or affidavit to the satisfaction of the Court that the defendant has a bonâ fide counter-claim against such plaintiff which can be conveniently tried by the Supreme Court, it shall be lawful for the Court in its discretion to stay proceedings in the suit instituted by such plaintiff until he shall have given such security to comply with the orders and judgment of the Court with respect to such counter-claim as the Court shall think fit.

Order VII.

ISSUE OF WRIT.

1. The writ of summons may be sued out and issued either in the Divisional Court where the suit is to be tried, or by the Commissioner of the district where the defendant resides.

Order VIII.

GUARDIAN FOR purposes of SUIT.

1. Where on default made by a defendant in answering or otherwise defending the suit, after service of the writ, it appears to the Court that he is an infant, or a person of weak or unsound mind, so that he is unable of himself to defend the suit, the Court may, if it thinks fit, on the application of the plaintiff, or of its own motion, appoint by order some fit person to be guardian of the defendant for the purposes of the suit, by whom he may defend it.