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Section 2: Action by writ of summons

Courts (Civil Procedure) Act

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

2. Action by writ of summons (1) Any action on a bill of exchange or a promissory note commenced within 6 months from the date on which the bill or note became due and payable may be commenced by writ of summons in Form A of the Schedule. (2) The plaintiff may, on proof of personal service within the jurisdiction on the defendant of— (a) a writ under subsection (1); or (b) an order for leave to proceed together with a copy of the writ of summons and indorsements thereon where the defendant has not obtained leave to appear and appeared to the writ according to the exigencies thereof, at once sign final judgment in Form B of the Schedule, for any sum not exceeding the sum indorsed on the writ together with interest at the rate specified (not exceeding the legal rate of interest) or where none is specified, the rate of interest allowed by law in such cases to the date of the judgment, and a sum for costs to be fixed by the Judge, unless the plaintiff claims more than such fixed sum, in which case the costs shall be taxed in the ordinary way, and the plaintiff may, upon such judgment, issue execution forthwith.

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