PART III SERVICE

8. Every petitioner who has filed a petition shall forthwith obtain in the registry a sealed copy or copies of the petition indorsed with notice to appear for service upon the respondent or respondents respectively.

9. A petition shall be served personally by delivery of such a sealed copy as aforesaid upon each person to be served.

10. Service where required by these rules shall be effected by any person legally empowered to effect service of writs of summons in civil actions.

11. Service of any document on a party who has not entered an appearance must be personal service unless otherwise ordered by a Judge.

12. Where personal service cannot be effected leave to substitute some other mode of service may be granted upon an application to a Judge supported by affidavit or affidavits to include an affidavit of the person having conduct of the proceeding.

13. Any petition or decree may be served within or without Her Majesty’s dominions.

14. After service has been effected a copy of the petition served with a certificate of service indorsed thereon shall be returned into and filed in the registry. A form of certificate of service is given in Appendix A, form 5.

15. When it is ordered that notice to appear to a petition shall be advertised the form of advertisement shall be settled by the Chief Registrar and the newspapers containing the advertisement shall be filed with the sealed copy of the petition.

16. A petition cannot proceed to trial unless an appearance has been entered by or on behalf of the respondents or it has been shown by affidavit filed in the registry that they have been duly served with the petition and by certificate of the Chief Registrar issued from and filed in the registry that they have not appeared.

17. An affidavit of service of a petition must be substantially in the form given as form 6 in Appendix A and in addition shall show the means of knowledge of the deponent as to the identity of the person served. A copy of the petition referred to in the affidavit must be annexed thereto and marked by the person before whom the same is sworn.