O. 62, r. 13. Further inquiry may be directed. 13. Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further inquiry to be made as it shall think fit or issue a fresh commission to another person. O. 62, r. 14. Commission to examine accounts. O. 62, r. 15. Court to furnish instructions. O. 62, r. 16. Report, etc., to be evidence and further inquiry may be directed. Commissions to examine Accounts 14. In any action in which an examination or adjustment of accounts is necessary, the Court may issue a commission to such person as it thinks fit, directing him to make such examination. 15. The Court shall furnish the Commissioner with such part of the proceedings and such instructions as appear necessary, and the instructions shall distinctly specify whether the Commissioner is merely to transmit, the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his examination. 16. The provisions of Rules 12 and 13 of this Order shall mutatis mutandis apply to a commission issued under Rule 14 of this Order. O. 62, r. 17. Court may order payment into Court of expenses. O. 62, r. 18. O. 62, r. 19. Provisions of this Code as to witnesses to apply. General Provisions 17. Before issuing any commission under this Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission, to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the commission is issued. 18. Any Commissioner appointed under this Order shall have authority to administer an oath or affirmation, and may, unless otherwise directed by the order of appointment (a) examine the parties themselves and any witness whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him; (b) call for and examine documents and other things relevant to the subject of inquiry; (c) at any reasonable time enter upon or into any land or building mentioned in the order. 19. The provisions of this Code relating to the summoning, attendance, and examination examination of witnesses, and to the remuneration of, and penalties to be imposed upon, witnesses, shall apply to persons required to give evidence or to produce documents under this Order, whether the commission in execution of which they are so required has been issued by a Court situate within, or by a Court situate beyond, the limits of the Island, and for the purpose of this rule the Commissioner shall be deemed to be a Civil Court. 20. A Commissioner or a party to the action may apply to the Court from which the commission was issued for the issue of any process which he may find necessary to issue to or against a witness, and such Court may in its discretion issue such process as it considers reasonable and proper. 21. (1) Where a commission is issued under this Order, the Court shall direct that the parties to the action shall appear before the Commissioner in person or by their recognized agents or Proctors. (2) Where all or any of the parties do not so appear, the Commissioner may proceed in their absence. O. 62, r. 20. Process to witness may be issued by Court. O. 62, r. 21. Parties should appear before Commissioner. Commissioner ORDER LXIII Actions by or against the Crown or Public Officers in their 1. In actions by or against the Crown instituted by or against the Attorney-General, it shall be sufficient to insert the words Attorney-General' without setting out in the plaint the name, description and place of abode of the Attorney-General. 2. In actions against the Crown (i) where the summons is issued in Form 20 in Appendix I, the Court shall, in fixing the day for the Attorney-General to answer to the plaint, allow a reasonable time for necessary communication with the Government through the proper channels, and may extend the time at its discretion; (ii) where the summons is issued in Form 22 in Appendix I, the Attorney-General shall file his answer within thirty days from the time limited for appearance unless such time is extended as provided by Rule 8 of Order XVII. 3. (1) Where an action is instituted against a public officer, and such public officer, on receiving the summons, considers it proper to make reference to the Government before answering the plaint, he may apply to the Court to grant such extension of the time fixed in the summons or allowed by the rules, as may be necessary to enable him to make such reference and to receive orders thereon through the proper channels. (2) Upon such application the Court may extend the time for so long as appears to it to be necessary. 4. (1) Where the Crown undertakes the defence of an action against a public officer, the Attorney-General shall apply to the Court, and upon such application the Court shall substitute the name of the Attorney-General as the party defendant in the action. (2) Where no application under paragraph (1) is made by the Attorney-General on or before the day fixed for appearance and answer, or within the time limited for appearance, under the preceding paragraph, as the case may be, the case shall proceed as in an action between private parties, except that the defendant shall not be liable to arrest, nor his property to seizure otherwise than in execution of a decree. O. 63, r. 1. Name, description, etc., of the Attorney-General need not be set out. O. 63, r. 2. Attorney-General to have reasonable time to appear. O. 63, r. 3. Public Officer may apply for time to answer. Court may extend time. O. 63, r. 4. When AttorneyGeneral may intervene. In event of no party. 0.64, r. 1. Actions by or against persons in naval, military or air force. Authority to agent. Authority proved by counter signature of Commanding Officer. 0.64, r. 2. Agent may sue or defend in person. O. 64, r. 3. Service of process in such cases. ORDER LXIV Actions by and against persons in the Naval, Military or Air 1. (1) Where any officer in the naval, military or air service or any sailor, soldier or airman actually serving the Governinent in the capacity of a member of a naval, military or air force is a party to an action, and cannot obtain leave of absence for the purpose of prosecuting or defending the action in person, he may authorize any person to sue or defend in his stead. (2) The authority shall be in writing, and shall be signed by the party in the presence of (a) his commanding officer, or the next subordinate officer if the party be himself the commanding officer; or (b) where the party is serving in naval, military, or air force staff employment, the head or other superior officer of the office in which he is employed. Such commanding or other officer shall countersign the authority, which shall be filed in Court. (3) When so filed, the counter signature shall be sufficient proof that the authority was duly executed, and that the party by whom it was granted could not obtain leave of absence for the purpose of prosecuting or defending the action in person. Explanation. In this Order the expression means commanding officer 2. Any person authorized by such party to prosecute or defend an action in his stead may prosecute or defend it in person in the same manner as such party could do if present; or he may appoint a Proctor to prosecute or defend the action on behalf of such party. 3. Processes served upon any person authorised by any party under Rule 1 of this Order or upon any Proctor appointed under the preceding Rule by such person to act for or on behalf of such party, shall be as effectual as if they had been served on the party in person or on his Proctor; and no process in the action shall be served upon such party personally without express order of Court. 0. 65, r. 1. Actions by or against corporation or company. ORDER LXV Action by or against Corporations and Companies 1. In actions by or against any corporation, or by or against a board or other public body, or any company authorized to sue or be sued, the name and the style of the corporation, board, public body, or company or of the officer (if any) in whose name any such corporation, board, public body, or company is authorised to sue and be sued, as the case may be, may be inserted as the name of the plaintiff or defendant; and the plaint or answer may be subscribed on behalf of the corporation, board, public body, or company by any member, director, secretary, manager, or other principal officer thereof who is able to depose to the facts of the case; and in any case in which such corporation, board, public body or company is represented by a Proctor, shall be subscribed by such Proctor. ORDER LXVI Actions by or against Firms and Persons carrying on Business in names Other than their own 1. A firm duly registered under the Business Names Ordinance may sue or be sued in the business name under which it has been registered. Explanation." Firm shall have the same meaning as in the Business 2. Where a firm sues or is sued in its business name, it shall, in the case of any pleading or other document required by or under this Code to be signed by the plaintiff or the defendant, suffice if such pleading or other document is signed by any one of the partners whose name appears on the register as such. 3. (1) Where an action is instituted by a firm, the plaintiffs or their Proctor shall on demand in writing by or on behalf of any defendant forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the action is instituted. (2) Where the plaintiffs or their Proctor fail to comply with any demand made under paragraph (1) all proceedings in the action may, upon application for that purpose, be stayed upon such terms as the Court may direct. (3) Where the names of the partners are declared in manner referred to in paragraph (1), the action shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named as plaintiffs in the plaint. Provided that all the proceedings shall nevertheless continue in the name of the firm. 4. (1) Where a firm sues or is sued in its business rame and any partner thereof dies, whether before the institution or during the pendency of the action, it shall not be necessary to join the legal representative of the deceased as a party to the suit: Provided, however, that where it is intended to execute the decree against assets other than those in the partnership business of the deceased partner, such legal representative shall be added as a party to the action. (2) Nothing in paragraph (1) shall limit or otherwise affect any right which the legal representative of the deceased may have; (a) to apply to be made a party to the suit; (b) to enforce any claim against the survivor or survivors. O. 66, r. 1. Actions by or against firms. O. 66, r. 2. Any one partner may sign pleadings. O. 66, r. 3. Disclosure of partners' names. Non-disclosure stays action. Disclosure of O. 66, r. 4. action on Right of legal representative not affected. 0. 66, r. 5. Appearance of partners. 0.66, r. 6. 0. 66, r. 7. Appearance under protest. Treated as appearance for the firm. Rights of plaintiff and person putting in appearance. 0.66, r. 8. Actions between co-partners. 0. 66, r. 9. O. 66, r. 10. Application of 5. Where a firm is sued in its business name, the partners shall appear individually in their own names but all subsequent proceedings shall nevertheless continue in the name of the firm. 6. Where summons is served in manner provided by Rule 10 of Order XIV upon a person having the control or management of the business, no appearance by him shall be necessary unless he is a partner of the firm sued. 7. (1) Where any person served as a partner under Rule 10 of Order XIV denies that he was a partner or liable as such at any material time, he may appear or enter an appearance stating therein that he does so as a person served as a partner in the defendant firm but that he denies that he was a partner at any material time. (2) Such appearance as long as it stands shall be treated as an appearance for the firm. (3) Upon such appearance— (a) the plaintiff may apply to set it aside on the ground that the person entering it was a partner or liable as such, or may leave that question to be determined at a later stage of the proceedings; (b) the person entering the appearance (i) may apply to set aside the service on him on the ground that he was not a partner or liable as such, or (ii) may at the proper time deliver a defence denying either or both (a) his liability as a partner, (b) the liability of the defendant firm in respect of the plaintiff's claim. 8. The above rules shall apply to actions between a firm and one or more of the partners thereof, and to actions between firms having one or more partners in common; but no execution shall be issued in such actions except by leave of the Court, and, on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and directions given as may be just. 9. Nothing in the rules of this Order shall prevent partners from suing or being sued otherwise than in the firm name. 10. An individual duly registered under the Business Names Ordinance may be sued in the business name under which he has been registered as if it were a firm name; and so far as the nature of the case will permit, all rules under this Order shall apply. Explanation." Individual shall have the same meaning as in the |