COMMENCEMENT OF PROCEEDINGS
otherwise provided by an existing enactment, the
proceedings shall be described as the plaintiff
and the opposing party shall be described as the
forms in the Schedules or other similar forms
may be used in matters, causes, and proceedings
to which they are applicable, with the
variations that the circumstances require.
proceedings for which forms are not provided in
the Schedule or prescribed by any law, Rules or
orders of Court, the Registrar may, subject to
the approval of the Court, frame the forms
required, using those which have been provided
Issue of a
writ of summons
(1) A writ of summons is issued on being sealed
by the Registrar.
(2) A writ of summons shall not be sealed unless
at the time the writ is fIled for sealing the
person ftling the writ leaves with the Registrar
a copy or as many copies as there are defendants
and the writ is signed
(a) or marked by the plaintiff if the
plaintiff sues in person, or
(b) by or on behalf of the plaintiffs'
(3) The officer
who receives the copy shall fIle the copy and
make an entry in the Cause Book.
(4) Every writ
of summons shall be dated on the day on which
the writ is issued.
(5) Except as
otherwise provided in these Rules, every suit
shall be commenced by a writ of summons issued
by the Registrar on oral or written application
and ftlled out and signed or marked by the
(6) The writ of
summons shall be as set out in Form 1 of the
(7) A writ of
summons shall contain the name and place of
abode of the plaintiff and of the defendant and
to the extent that they can be ascertained,
state briefly and clearly
subject-matter of the claim,
relief sought, and
the date of
issue, the return-day and the place of hearing.
(8) A writ of
summons, and any other writ, shall bear the date
of the day on which the writ is issued.
(9) A writ which is altered without permission
of the Court is void.
(10) A writ shall be served within twelve months
after it has been issued.
(11) Subject to
subrule (11), a writ which is not served within
the period specifIed in subrule (9) lapses.
(12) Where a
writ is not served on a defendant within the
time limited for service by this rule, the
Court, on an application for extension made to
the Court before the day the writ 'expires, may
by order extend the validity of the writ for a
specifIed period of not more than twelve months
at a time, beginning with the day that follows
the date on which the writ would otherwise
(13) Whenever a
writ of summons is issued on the application of
a person, the Registrar shall immediately give
or cause to be given to that person, or the
agent of that person a hearing notice as set out
in Form 2 or 2A of the First