PART XXXIV RENEWAL OF PETITION. WANT OF PROSECUTION

97.-(1) No petition shall be in force for more than twelve months from the day of its issue including that day; but if the respondent or co-respondent named in it has not been served, the petitioner may,. before the twelve months expire, apply for an order to renew the petition; arid a Judge, if satisfied that reasonable efforts have been made to serve such respondent or co-respondent, or for other good reasons, may order that the petition be renewed for six months from the date of such renewal inclusive, and so from time to time during the currency of the renewed petition. And the petition shall in such case be marked in red ink by the Chief Registrar with the words “Renewed by order dated theday of, 19”, or words to the like effect.

(2) After a petition is renewed every office copy used for service shall bear a copy of the words on the original petition indicating that it has been renewed.

98.-(1) If the respondent or co-respondent shall fail to appear within the time limited for appearance, and the petitioner shall fail to proceed upon such default for one month after the expiration of the time so limited, a Judge may direct the Chief Registrar to give notice to the petitioner requiring him so to proceed within fourteen days after the giving of the notice, and informing him that upon failure so to proceed within the fourteen days aforesaid the petition shall stand dismissed for want of prosecution.

(2) Upon failure so to proceed within the fourteen days aforesaid, or within such extended time as may be allowed, the petition shall stand dismissed for want of prosecution but without prejudice to the filing of a fresh petition, and the Chief Registrar shall forthwith lay the file of the petition before a Judge, who shall endorse it with a note to that effect.

(3) The notice from the Chief Registrar mentioned in paragraph (1) of this Rule shall be served at the petitioner’s address for service, and a copy thereof shall be sent by post to the petitioner, if he has furnished an address in Cyprus; and the fourteen days mentioned in the notice shall be reckoned as from the day of service or posting, whichever be the later. An affidavit of service and posting shall be filed.

99.-(1) If the respondent or co-respondent shall fail to file in the Registry an answer to the petition within the time allowed for that purpose, and the petitioner shall fail to proceed upon such default for one month after the expiration of the time so limited, a Judge may direct the Chief Registrar to give notice to the petitioner requiring him so to proceed within fourteen days after the giving of the notice, and informing him that upon failure so to proceed within the fourteen days aforesaid the petition shall stand dismissed for want of prosecution.

(2) Upon failure so to proceed within the fourteen days aforesaid, or within such extended time as may be allowed, the petition shall stand dismissed for want of prosecution but without prejudice to the filing of a fresh petition, and the Chief Registrar shall forthwith lay the file of the petition before a Judge, who shall endorse it with a note to that effect.

(3) The provisions of paragraph (3) of Rule 99 shall apply mutatis mutandis to a notice under this Rule.

100.-(1) If the petitioner shall fail to apply under Rule 34 to set the cause down for trial or hearing for three months after the close of the pleadings, a Judge may direct the Chief Registrar to give notice to the petitioner requiring him to apply under Rule 34 within fourteen days after the giving of the notice and informing the petitioner that upon failure to apply within the fourteen days aforesaid the petition shall stand dismissed for want of prosecution.

(2) Upon failure to apply within the fourteen days aforesaid, or within such extended time as may be allowed, the petition shall stand dismissed for want of prosecution but without prejudice to the filing of a fresh petition, and the Chief Registrar shall lay the file of the petition before a Judge, who shall endorse it with a note to that effect.

(3) The provisions of paragraph (3) of Rule 99 shall apply mutatis mutandis to a notice under this Rule.