Θεσμοί Πολιτικής Δικονόμίας - ORDER 6: SERVICE OUT OF THE JURISDICTION

1. Subject to section 15 of the Courts of Justice Law, Cap. 11, service out of the jurisdiction of a writ of summons or notice of a writ of summons may be allowed by the Court or a, Judge whenever-

(b) any act, deed, will, contract, obligation, or liability affecting immovable property of any kind situated in Cyprus, is sought to be construed, rectified, set aside, or enforced in the action; or

(d) the action is for the administration of the movable property of any deceased person who at the time of his death was domiciled in Cyprus, or for the execution (as to property situated in Cyprus) of the trusts of any written instrument, of which the person to be served is a trustee, which ought to be executed according to the law of Cyprus; or

(e) the action is one brought to enforce, rescind, dissolve, annul, or otherwise affect a contract or to recover damages or other relief for or in respect of the breach of a contract-

or is one brought in respect of a breach committed in Cyprus of a contract wherever made, even though such breach was preceded or accompanied by a breach out of Cyprus which rendered impossible the performance of the part of the contract which ought to have been performed in Cyprus; or

(g) any injunction is sought as to anything to be done in Cyprus, or any nuisance in Cyprus is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or

(h) any person out of Cyprus is a necessary or proper party to an action properly brought against some other person duly served in Cyprus.

2. The parties to any contract may agree that service of any writ of summons in any action brought in respect of such contract may be effected at any place in or out of Cyprus on any party or any person on behalf of any party or in any manner specified or indicated in such contract. Service of any such writ of summons at the place (if any) or on the party or on the person (if any) or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident, and if no place or mode or person be so specified or indicated, service out of Cyprus of such writ may be ordered.

3. In probate actions service of a writ of summons or notice of a writ of summons may by leave of the Court or a Judge be allowed out of Cyprus.

4. Every application for leave to serve a writ of summons or notice thereof on a defendant out of Cyprus shall be supported by affidavit or other evidence satisfying the Court or Judge that the plaintiff has prima facie a good cause of action and showing in what place or country such defendant is or probably may be found, and whether such defendant is a British subject or not, and the grounds upon which the application is made; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court or Judge that the case is a proper one for service out of Cyprus under this Order.

5. Any order giving leave to effect such service or give such notice shall limit a time after such service or notice within which such defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served or the notice given. Such order shall also contain a direction that, if the defendant does not enter an appearance within the appointed time, notice of any application in the action may be given by posting a copy on the Court notice board.

6. When the defendant is neither a British subject nor in British Dominions, notice of the writ, and not the writ itself, is to be served upon him. Such notice shall be in Form 6.

7. Where leave is given by the Court or a Judge for service of a writ of summons or notice of such writ in any foreign country with which a convention relating to such service has been or shall be extended to Cyprus the following procedure shall, subject to any special terms in the convention, be adopted :

(1) The party bespeaking such service shall file with the Registrar a request in Form 7, which request shall state whether the service is desired to be effected (i) directly through the British Consul, or (ii) through the foreign judicial authority, and shall be accompanied by-

(c) a translation thereof in the official language of the country in which service is to be effected verified. upon oath by or on behalf of the person making the request; and

Where the service is required to be made on a British subject through the British Consul the translation and copies thereof need not-except in the case of Turkey-be supplied.

[Δ.Κ. 18.1.1974] (2) The party bespeaking such service shall also deposit in the Court the sums of [Κείμενο διαγράφηκε από: Δ.Κ. 18.1.1974:] £1 [Προστέθηκε από: Δ.Κ. 18.1.1974:] £10 in respect of each person to be served. In the event of the expenses incurred by the Colonial Secretary in respect of such service amounting to less than the amount of the deposit the surplus shall be refunded by the Registrar to the party making the deposit.

(3) The Registrar shall file a copy of the document to be served and the verified translation thereof (where required). He shall seal and forward to the Colonial Secretary in duplicate-in the case of France in triplicate-the document to be served, and shall also seal and forward therewith in duplicate the verified translation (where required) of such document.

8. The certificate of any British Consul or an affidavit sworn before him by the person who effected the service, or an official certificate or declaration upon oath or otherwise transmitted by the Government or Court of a foreign country, shall, provided that it certifies or declares the writ of summons or notice of the writ to have been personally served, or to have been duly served upon the defendant in accordance with the law of such foreign country, or words to that effect, be deemed to be sufficient proof of such service.

9. Where an official certificate or declaration, transmitted to the Cyprus Court in the manner provided in Rule 8 of this Order, certifies or declares that efforts to serve a document have been without effect, the Court or a Judge may, upon the ex parte application of the plaintiff, order that the plaintiff be at liberty to bespeak a request for substituted service of such document.