Section 61:

61. When leave may be granted (1) The filing and service, or the issue and service, as the case may be, out of the jurisdiction of an initial process may be allowed where— (a) the whole subject-matter of the action is immovable property situate within the jurisdiction (with or without rents or profits); (b) an act, deed, will, contract, obligation or liability affecting immovable property situate within the jurisdiction, is sought to be construed, rectified, set aside, or enforced in the action; [Issue 4] C55 – 8 Revised Laws of Mauritius (c) relief is sought against a person ordinarily resident within the jurisdiction; (d) the action is founded on a breach or alleged breach within the jurisdiction of a contract wherever made, which ought to be performed within the jurisdiction; (e) an injunction is sought as to anything to be done within the jurisdiction or a nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not sought; or (f) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction. (2) Nothing in this section shall prevent a plaintiff commencing an action against the Curator as representing an absentee, in accordance with the Curatelle Act.