District Court (Summary Judgment) Rules, 1963
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Rules may be cited as the District Court (Summary Judgment) Rules, 1963.
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paragraphs: These Rules shall come into operation on the 2nd day of March, 1964, and shall be read together with the Principal Rules and all other District Court Rules for the time being in force.
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paragraphs: In these Rules "the Principal Rules" means the District Court Rules, 1948 ( S.R. & O. No. 431 of 1947 ).
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paragraphs: —(1) In any proceeding for a debt or liquidated money demand the Plaintiff, instead of issuing a civil process in the ordinary form, shall proceed by civil process for a debt or liquidated money demand (Form 1, Form 2, Form 3, Form 4 or Form 5 as the case may be).
(2) The Civil Process and the Affidavit of Debt (hereinafter referred to in Rule 7 (1) (a) hereof) in proceedings brought in pursuance of the Hire-Purchase Acts, 1946 and 1960, or the Moneylenders Act, 1933, shall contain, respectively, a statement that the appropriate provisions of the said Acts have been complied with in respect of the transactions.
(3) The provisions of the District Court Rules for the time being in force for the service of a Civil Process and the proof of such service shall apply to the service of a Civil Process under these Rules. Such Civil Process shall be served fourteen clear days at least before the sitting of the Court at which the Defendant shall by such process be required to appear and there shall be annexed thereto at the time of such service two copies of notice of intention to defend in the prescribed form.
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paragraphs: If a Defendant intends to defend such civil process he shall give notice of intention to defend in the prescribed form. Such form shall be lodged with or sent by post to the Clerk so as to reach his office before the expiration of ten days from the date of service of the said civil process and a copy of such form shall at the same time be lodged with or sent by post to the Plaintiff (if he sues in person) or his solicitor.
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paragraphs: The original of every such civil process with proof of service indorsed thereon as required by the Rules for the time being in force, shall be lodged with or sent by post to the Clerk within ten days of the date on which service was effected.
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paragraphs: —(1) Where a Defendant fails to give notice of intention to defend such civil process within the time limited by these Rules, the Plaintiff may, in default of such notice, apply for judgment, upon any date subsequent to the date upon which the civil process is made returnable for hearing by lodging with or sending by post to the Clerk:—
(a) An Affidavit of Debt (Form 6, Form 7, Form 8, Form 9 or Form 10 as the case may be) verifying the Plaintiff's claim made by the Plaintiff or by some person on his behalf who can swear positively to the facts: or
(b) Where the Defendant has executed a consent, which has been duly witnessed, an Affidavit (Form 11 or Form 12) verifying such consent may be lodged in lieu of an Affidavit of Debt.
(c) A completed form of decree (Form 13, Form 14, Form 15, Form 16, Form 17 or Form 18 as the case may be) signed by the Plaintiff or his solicitor.
(2) The Affidavit verifying the Plaintiff's claim specified in paragraph (1) (a) or paragraph (1) (b) hereof shall be sworn within the period of fourteen days next preceding the date of application for judgment, otherwise the same shall not be sufficient.