Section 71: Effect of Act on existing laws

71. Effect of Act on existing laws Nothing in sections 60 to 70 shall be held to amend article 1985, alinéa 1, of the Code Civil Mauricien. SCHEDULE [Sections 2 and 60] FORM A To C.D. of ........................., in the District of ...................... You are warned that unless, within 12 days after the service of this writ on you, inclusive of the day of such service, you obtain leave from one of the Judges of the Supreme Court to appear, and do within that time appear, in our Supreme Court of Mauritius, in an action at the suit of A.B., the said A.B. may proceed to judgment and execution. Witness, etc., C55 – 11 [Issue 1] Courts (Civil Procedure) Act FORM A—continued Memorandum to be subscribed on the writ— A.B., this writ is to be served within 6 months from the date hereof, or, if renewed, from the date of such renewal, including the day of such date, and not afterwards. Indorsement to be made on the writ before service thereof— This writ was issued by E.F., of ........... attorney for the plaintiff, or, this writ was issued, in person, by A.B., who resides at ..................... (mention the town, street, and number of the house, of the plaintiff’s residence). Indorsement— The plaintiff claims ..... rupees, (principal and interest), or, .......... rupees, balance of principal and interest due to him as the payee (or indorsee) of a bill of exchange or promissory note, of which the following is a copy - (here, copy bill of exchange or promissory note, and all indorsements upon it). And if the amount thereof be paid to the plaintiff or his attorney within .... days from the service hereof, further proceedings will be stayed. NOTICE Take notice that if the defendant does not obtain leave from one of the Judges of the Supreme Court within 12 days after having been served with this writ, inclusive of the day of such service, to appear thereto, and do not within such time cause an appearance to be entered for him in the Court out of which this writ issues, the plaintiff will be at liberty at any time after the expiration of the 12 days, to sign final judgment for any sum not exceeding the sum above claimed and the sum of.....rupees for costs and issue execution for the same. Leave to appear may be obtained on application at the Judge’s Chambers, Supreme Court House, Port Louis, supported by affidavit showing that there is a defence to the action on the merits, or that it is reasonable that the defendant should be allowed to appear in the action. Indorsement to be made on the writ after service thereof— This writ was served by X.Y., on L.M. (the defendant) on Monday the ....... day of ..................... in the year 20........ By X.Y. [Form A amended by Act 29 of 1992.] FORM B In the Supreme Court On the ............... day of .................. in the year ............................... (day of signing judgment) Mauritius to wit A.B. in his own person (or by C.D. his attorney) sued out a writ against E.F. endorsed as follows— (Here copy indorsement of plaintiff’s claim) And the said E.F. has not appeared Therefore it is considered that the said A.B. recover against the said E.F. ............ rupees together with ................................................................ rupees for costs. [Issue 1] C55 – 12 Revised Laws of Mauritius FORM C SUPREME COURT ACTION Judge’s order for leave to file declaration (or plaint with summons) and serve out of the jurisdiction. Leave is granted to the plaintiff A.B. of .... to commence an a dorsement of plaintiff’s claim) And the said E.F. has not appeared Therefore it is considered that the said A.B. recover against the said E.F. ............ rupees together with ................................................................ rupees for costs. [Issue 1] C55 – 12 Revised Laws of Mauritius FORM C SUPREME COURT ACTION Judge’s order for leave to file declaration (or plaint with summons) and serve out of the jurisdiction. Leave is granted to the plaintiff A.B. of .... to commence an action in the Supreme Court of Mauritius, against the defendant C.D. by filing his declaration (or plaint with summons) in the Registry of the Supreme Court, and to serve the same on the defendant out of the jurisdiction, to wit at ............... in ................. Appearance is to be entered by the defendant C.D. in the Registry of the Supreme Court of Mauritius within ...... months after service. .......................................................... Judge of the Supreme Court [Form C amended by Act 29 of 1992.] FORM D INTERMEDIATE COURT/DISTRICT COURT ACTION Judge’s order for leave to issue summons and serve out of the jurisdiction. Leave is given to the plaintiff A.B. of .. to commence an action in the Intermediate Court/District Court of Port Louis (First Division) in Mauritius, and after plaint entered for the summons in the same on the defendant out of the jurisdiction, to wit at ..................................... in ....................... Appearance is to be entered by the defendant C.D. in the Intermediate Court/District Court within .... months after service. .......................................................... Judge of the Supreme Court [Form D amended by Act 29 of 1992.] C55 – 13 [Issue 1]