ORDER 2 : FORM AND COMMENCEMENT OF ACTION

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[Κείμενο διαγράφηκε από: Δ.Κ. 2.2.1996:] (But see Order 65 for Special Rules on Actions relating to Claims not exceeding £50.)

1. Save where other provision is made, any action before a District Court shall be commenced by a writ of summons. (Forms 1 and 2.)

2. No writ of summons for service out of Cyprus, or of which notice is to he given out of Cyprus, shall be sealed without the leave of the Court or a Judge.

3. When presented for sealing every writ of summons shall contain the name of the Court and the year in which the action is being instituted, the name in full of the plaintiff and the defendant, the address in full and occupation of the plaintiff and, so far an they can be ascertained, of the defendant, and the plaintiff's address for service within the municipal limits of the town or village in which is situated the registry in which the writ is being filed. The writ shall be indorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action, but it shall not be essential to set forth in such indorsement the precise ground of complaint, or the precise remedy or relief to which the plaintiff considers himself entitled. The writ shall be signed by the plaintiff or his advocate at the foot of such statement.

4. (a) If the plaintiff sues, or any defendant is sued, in a representative capacity, the indorsement shall show in what capacity the plaintiff or defendant sues or is sued.

(b) If a defendant is under disability of any kind, that is to say, is an infant, or mental patient or criminal mental patient under the Mental Patients Law, Cap. 120, or a person of unsound mind not so found, or a prodigal having a guardian under the Guardianship of Infants and Prodigals Law, Cap, 102, he shall be described as such in the writ of summons in the title of the action; and the name of the guardian or administrator (whether he is or is not authorized to defend) shall be given in the writ of summons.

5. In probate actions the indorsement shall show whether the plaintiff claims as creditor, executor, administrator, legatee, heir, or in any and what other character.

6. In actions-

(1) Where the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising-

(a) upon a bond or upon a contract, express or implied (as, for instance, on a bill of exchange, promissory note or cheque, or other contract debt); or

(b) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand; or

(2) Where a landlord seeks to recover possession of immovable property, with or without a claim for rent, against the tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forfeiture for non-payment of rent, or against persons claiming under such tenant; or

(3) Where the plaintiff seeks to recover possession of a specific chattel with or without a claim for the hire thereof or for damages for its detention; and

(4) In all other actions in the District Court (except actions for libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage, and actions in which fraud is alleged by the plaintiff);

the writ of summons may, at the option of the plaintiff, he specially indorsed with a statement of his claim, or of the remedy or relief to which he claims to be entitled. (Form 2.)

7.  Wherever the plaintiff's claim is for a debt or liquidated demand only, the indorsement, besides stating the nature of the claim, shall state the amount claimed for debt or in respect of such demand, and for costs respectively, and shall further state that upon payment thereof within ten days after service, or in the case of a writ not for service in Cyprus within the time allowed for appearance, further proceedings will be stayed. Such statement shall be in Form 3. The defendant may, notwithstanding such payment, have the costs taxed, and if more than one-sixth is disallowed the plaintiff's advocate shall pay the costs of taxation unless he shows that he overcharged bona fide.

8. In all cases in which the plaintiff, in the first instance, desires to have an account taken, the writ of summons shall be indorsed with a claim that such account be taken.

9. In actions for libel the indorsement on the writ shall state sufficient particulars to identify the publications in respect of which the action is brought.

10. In actions for recovery of possession of immovable property the indorsement on the writ shall set out the value of the property sought to be recovered, and in those for trespass the value of the part actually trespassed upon.

11. On presenting his writ for sealing the plaintiff shall leave, for each defendant, one office copy of the writ for service plus a duplicate of such copy for the affidavit of service.

12.  If the writ is such as may be sealed the registrar shall enter the action in the Civil Cause Book and give the writ a enumber showing the order in which the action is so entered; he shall mark the writ " Filed and sealed on the                                                                                                                                                                                                                             day of                                                                                                                                                                                                                             , 19                                                                                                                                                                                                                             ", naming the date on which it is filed; he shall then seal the writ with the seal of the Court, and thereupon the writ shall be deemed to be issued and the action to be commenced.

13. The sealing of a writ of summons in probate actions shall be preceded by the filing of an affidavit by the plaintiff, or one of the plaintiffs, in verification of the indorsement on the writ.

14. No writ with a claim relating to more than two pounds shall, when the plaintiff lives in Cyprus, be sealed when presented by an advocate unless accompanied by a retainer in writing in Form 4 attested, where the plaintiff is illiterate, by a registrar, certifying officer, or two competent witnesses not being advocates' clerks :

Provided that, with the leave of a Judge, upon good cause shown, which shall be recorded in the minutes, a writ may be sealed by the Registrar without its being accompanied by a retainer in writing as aforesaid; but such retainer shall be filed later within such time as the Judge may think fit to allow.

15. No writ shall be sealed if presented by or on behalf of a prodigal having a guardian under the Guardianship of Infants and Prodigals Law, Cap. 102, unless it is endorsed by a statement signed by such guardian to the effect that the action is being brought with his advice and consent. Such statement, where the guardian is illiterate, shall be attested by a registrar, certifying officer, or two competent witnesses not being advocates' clerks. If a writ is filed by or on behalf of such a prodigal contrary to the provisions of this Rule, a Judge may order all proceedings under the writ to be stayed until such provisions are complied with, and upon proof of their having been complied with a Judge may order that such stay be removed.