ORDER 30 : SUMMONS FOR DIRECTIONS

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1. (a) Except in the cases mentioned in paragraphs (d) and (e) of this Rule, the plaintiff in every action shall take out a summons for directions returnable in not less than four days (Form 25).

(b) Such summons shall be taken out within ten days from the time when the pleadings shall be deemed to be closed and before the plaintiff takes any fresh step in the action other than an application for an injunction.

(c) Where under Order 18 the plaintiff applies for judgment, the Court may deal with such application as if the plaintiff had been entitled to take out and had taken out a summons for directions.

(d) This Rule shall not apply to actions in which is filed, within ten days from the time when the pleadings shall be deemed to be closed, a joint statement, signed by all the parties to the action, to the effect that a summons for directions is not required on the ground that there is no need for any one of the orders which might be sought thereunder, or to actions in which the amount in dispute or the value of the subject matter (as defined in section 16(7) of the Courts of Justice Law, Cap. 11), does not exceed fifty pounds, or to actions in which the writ is specially indorsed under Order 2, Rule 6, or to any proceeding commenced by originating summons, but in any such action or proceeding a summons for directions may be taken out at the instance of any party thereto.

(e) This Rule shall not apply to any action wherein the only order for a direction is the one mentioned in paragraph (f) of Rule 2 of this Order.

2. On the hearing of the summons for directions the Court or Judge may in its or his discretion

(a) where a plaintiff or defendant has failed to give sufficient particulars of his claim, defence or counter-claim, make such order for further and better particulars, and as to costs occasioned by such default, as the Court or Judge may think fit, or may order issues to be framed or a special case to be stated, or the counter-claim to be excluded;

(b) make such order for discovery and inspection of documents, or with regard to admissions of fact and of documents, as may seem necessary or desirable having regard to the issues raised in the pleadings;

(c) division that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the trial on such conditions as the Court or Judge may think reasonable, or that any witness whose attendance in Court ought for some sufficient ground to be dispensed with be examined before a Commissioner or Examiner : provided that where it appears to the Court or Judge that the other party reasonably desires the production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit, but the expenses of such witnesses at the trial may be specially reserved;

(d) record any consent of the parties either wholly excluding their right of appeal or limiting it to questions of law only;

(e) make such order for inspection of property as may seem desirable;

(f) direct either party to apply to the Registrar within a specified time to fix the case for trial and/or direct the Registrar to fix it at short notice;

(g) make such other order with respect to the proceeding., to be taken in the action, and as to the costs thereof, as may seem necessary or desirable with a view to saving time and expense.

3. No affidavit shall be used on the hearing of a summons for directions except by direction of the Court or a Judge, or except where it is intended to apply under the summons for an order which, if applied for independently, would require to be supported by affidavit.

4. On the hearing of the summons any party to whom the summons is addressed shall, so far as practicable, apply for any order or directions as to any interlocutory matter or thing in the action which he may desire. If any such party intends so to apply for any order or directions other than those mentioned in the summons addressed to him, he shall, not less than two days before the day on which the hearing of the summons is fixed, give notice in Form 26 of his intention to the Registrar and to the party who took out the summons, which notice shall be accompanied by affidavit in case it is intended to apply for an order which, if applied for independently, would require to be supported by affidavit.

5. Any application by any party which might have been made at the hearing of the summons for directions shall, if granted on any subsequent application, be granted at the costs of the party applying, unless the Court or a Judge shall be of opinion that the application could not properly have been made at the hearing of the summons for directions.

6. There shall be no appeal from a decision under this Order without the leave of the Court or Judge giving the decision (which leave may be obtained ex parte), or the Court to which the appeal is to be made to be obtained upon an application by summons, the hearing of which, if before the Court of Appeal (and not only before one Judge thereof) may be treated as the appeal itself if such Court so thinks fit.

7. In any action to which Rule 1 of this Order applies, if the plaintiff does not within ten days from the time when the pleadings shall be deemed to be closed take out a summons for directions under this Order, the defendant shall be at liberty to apply for an order to dismiss the action and upon such application the Judge may either dismiss the action on such terms as may be just, or may deal with such application in all respects as if it were a summons for directions under this Order.