Θεσμοί Πολιτικής Δικονόμίας - ORDER 65: SPECIAL RULES ON ACTIONS RELATING TO CLAIMS NOT EXCEEDING £50

1. This Oder shall apply to actions relating to claims not exceeding fifty pounds. In such actions the foregoing orders shall be observed with the modifications made by this present order in regard to the conduct of such actions down to judgment.

(2) The writ of summons shall call upon the defendant to appear before the Court, at the time and place therein named, and inform him that if he intends to dispute the plaintiff's claim he must, within ten days after service of the writ of summons, deliver his defence in writing to the plaintiff or at his address for service, and give a duplicate thereof or send the same by registered post to the Registrar.

(3) The statement of claim (whether or not the same can be specially indorsed under Order 2, Rule 6) shall be indorsed on the writ of summons, and signed by the plaintiff or his advocate.

(4) The writ of summons shall also contain an address for service for the plaintiff pursuant to Order 50, Rule 1.

(5) The time named in the writ of summons for the appearance of the defendant shall not be less than ten days from the day on which the writ is issued.

3. An office copy of the writ of summons shall be served on the defendant not less than ten days before the day named therein for the appearance of the defendant. The person effecting the service shall note on the copy served the date of service.

4. (1) The defendant may deliver his defence at any time before judgment. If he delivers it at any time after the time limited by the writ of summons for that purpose, he shall be ordered to pay any costs properly incurred by the plaintiff by reason of his failure to deliver his defence within the time limited by the writ.

(2) The defence shall contain an address for service for the defendant pursuant to Order 50, Rule l, and bear on top the title of the action and at the foot thereof the signature of the defendant or his advocate.

5. The defendant may by his defence set up a counter-claim against the plaintiff; but no counter-claim shall be entertained which raises questions between the defendant and the plaintiff along with others.

6. If a counter-claim is set up, the plaintiff shall, within ten days of the delivery thereof, deliver his defence thereto to the defendant or at his address for service, and give a duplicate of such defence or send the same by registered post to the Registrar.

8. No applications for interlocutory orders antecedent to judgment (other than applications for injunctions or variation of the times prescribed by the Rules of this Order) shall be made before the hearing of the action. Any application for any such interlocutory order may be made orally at the hearing, and the Court may hear the application and deal with it in such manner as may be just.

9. No further and better statement of the nature of the claim or defence shall be asked for before the hearing of the action.

The parties shall, in regard to their pleadings, pay attention to the Rules governing the same, and particularly to Rules 4, 5, 10, 11, 13, 15, 16, 18, and 20 of Order 19, Rules 2, 3 and 4 of Order 20, and Rules 2, 4 and 5 of Order 21.

11. If at the time fixed by the writ of summons for the appearance of the defendant neither party appears the action shall stand dismissed and shall not subsequently be heard, unless, on application to the Court, the Court orders reinstatement of the action on the ground that it is equitable so to do in the circumstances of the case.

12. If at that time the plaintiff appears but the defendant does not, then upon proof being given of the defendant having been served with the writ of summons, the plaintiff may prove his claim, so far as the burden of proof lies upon him, and judgment may be given accordingly.

13. If at that time the defendant appears but the plaintiff does not, the defendant, if he has no counter-claim, shall be entitled to judgment dismissing the action, but if he has a counter-claim, then he may prove his counter-claim so far as the burden of proof lies upon him, and judgment may be given accordingly.

14. (1) If at that time both parties appear and the defendant disputes the claim, the Court shall fix a day for the hearing of the action.

(2) A defendant who is illiterate and is not represented by counsel may, subject to Rule 4 of this Order in regard to costs, be allowed to state his defence orally in Court.

(3) If the defendant fails to deliver his defence within the time limited therefor by the writ of summons, the plaintiff may orally apply to the Court for summary judgment, and the Court may thereupon receive evidence from the parties and generally do whatever may be done under Order 18 upon an application for summary judgment.

15. Nothing contained in this order shall be construed as curtailing the Court's powers of adjournment or of varying under Order 57 the time appointed by any Rule of this present order, or any other powers conferred on the Court by any law or Rules. Further, the Court shall have power to vary the procedure in any action to which this order applies in such manner as it may think fit with a view to saving time and expense but so that no prejudice is caused to the parties concerned.