(1) Where a suit is instituted by or on behalf of a minor without a next friend the defendant may apply to have the suit dismissed with costs to be paid by the advocate or other person by whom it was…
(1) Where the defendant is a minor, the court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian ad litem of such minor. (2) An order for the appointment of…
(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian ad litem: Provided that the interest of such person is not adverse to that of the min…
(1) Every application to the court on behalf of a minor, other than an application under rule 10(2), shall be made by his next friend or by his guardian ad litem. (2) Every order made in a suit or on…
(1) A next friend or guardian ad litem shall not, without the leave of the court, receive any money or other movable property on behalf of a minor, either— (a) by way of compromise before decree or or…
(1) No next friend or guardian ad litem shall, without the leave of the court expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the s…
(1) Unless otherwise ordered by the court, a next friend shall not retire without first procuring a fit person to be put in his place and giving security for the costs already incurred. (2) The applic…
(1) Where the interest of the next friend of a minor is adverse to that of the minor, or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely…
(1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place. (2) Where the advocate of such a minor o…
(1) Where the guardian ad litem desires to retire or does not do his duty, or where other sufficient ground is made to appear, the court may permit such guardian to retire or may remove him, and may m…
(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application. (2) Where he…
(1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the court, if it finds that he is not a necessary pa…
(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by a next friend be dismissed on the ground that it was unreasonable or improper. (2) Notice of the…
The provisions contained in rules 1 to 14, so far as they are applicable, shall extend to persons adjudged to be of unsound mind, and to persons who though not so adjudged are found by the court on in…
(1) Subject to the following rules, any suit may be instituted by a pauper. (2) For the purposes of this Order a person is a “pauper” when he is not possessed of sufficient means to enable him to pay…
Every application for permission to sue as a pauper shall contain the particulars required in regard pleadings, together with a statement that the pauper is unable to pay the fee prescribed in such su…
Notwithstanding anything contained in these Rules, the application shall be presented to the court by the applicant in person unless the applicant is exempted from appearance in court by section 82 of…
Where the application is in proper form and duly presented the court may, if it deems fit, examine the applicant or his agent, when the applicant is allowed to appear by agent, regarding the merits of…
The court shall reject an application for permission to sue as a pauper— (a) where it is not framed and presented in the manner prescribed in rules 2 and 3; (b) where the applicant is not a pauper; (c…
Where the court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten days’ clear notice shall be given to the opposite party) for…
(1) On the day so fixed or as soon thereafter as may be convenient, the court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make…
Where the application is granted, it shall be deemed the pleading in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner except that the plaintiff sh…
The court may, on the application of the defendant, of which seven days’ clear notice in writing has been given to the plaintiff, order the plaintiff to be dispaupered— (a) if he is guilty of vexatiou…
Where the plaintiff succeeds in the suit, the court shall calculate the amount of the court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper; such amoun…
Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or dismissed because the plaintiff does not appear when the suit is called on for hearing, the court shall order…
The Government shall have the right at any time to apply to the court to make an order for the payment of court fees under rule 10 or rule 11.
All matters arising between the Government and any party to the suit under rule 10, rule 11 or rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of sec…
An order refusing to allow the applicant to sue as a pauper shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at li…
The costs of an application for permission to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.
(1) If any defendant alleges that he is unable to pay court fees the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and, if he is satisfied on…
In the event of a pauper plaintiff or defendant succeeding in any suit which results in a decree or order for payment to him of any sum of money from the other side, whether by way of costs or otherwi…
Applications under this Order shall be in writing addressed to the court.
An application for relief under this Order shall be made by originating summons unless made in a pending suit in which case it shall be made by summons in the suit.
In every suit of or application by way of interpleader the applicant shall satisfy the court by way of affidavit or otherwise— (a) that the applicant claims no interest in the subject-matter in disput…
If the application is made by a defendant in a suit the court may stay all further proceedings in the suit.
If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any suit already commenced in respect of the subject-matter in dispute in lieu…
The court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the merit…
The court may make all such orders as are just and reasonable as to costs and all other matters including, where appropriate, orders for the sale or disposal of the subjectmatter of the dispute, and w…
If a claimant, having been duly served with a summons calling him to appear and maintain or relinquish his claim, does not appear in pursuance of the summons, or having appeared neglects or refuses to…
Where the question in issue is a question of law and no facts are disputed the court may decide the question without the trial of an issue.
The applicant may be granted relief notwithstanding the fact that the titles of the claimants have not a common origin but are adverse to and independent of one another.
(1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the court, an…
Where the agreement is for the delivery of any property, or for the doing or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the specifi…
(1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed in the court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter…
Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the court and shall be bound by the statements contained therein.
(1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of Order 10B shall apply to such suit so far as the same are applicable (2) Where the court i…
(1) In all suits where a plaintiff seeks judgment for— (a) a liquidated demand with or without interest; or (b) the recovery of land, with or without a claim for rent or mesne profits, by a landlord f…
The defendant may show either by affidavit, or by oral evidence, or otherwise that he should have leave to defend the suit.
(1) An application under rule 1 by the Government may be verified by an affidavit of the Attorney-General stating that to the best of his knowledge and belief the plaintiff is entitled to the relief c…
If a defendant is granted leave to defend he shall file his defence within fourteen days of the grant of leave unless the court otherwise orders.
