Section 4: Suit by plaint
consolidated text (as at 2006, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Suit by plaint
(1) On the application of any person who wishes to bring a suit under
this Act, the clerk shall enter into a book to be kept for this purpose in his
office, a plaint in writing, stating the names and the last known places of
abode of the parties and the substance of the action intended to be brought.
(2) Every such plaint shall be numbered in every year, according to the
order in which it shall be entered, and thereupon a summons, stating the
substance of the action, and bearing the number of the plaint in the margin,
shall be issued under the signature of the clerk and the seal of the Court, and
be served upon the defendant not later than 48 hours before the trial, which
period, however, may be shortened on reasonable cause being shown.
(3) No misnomer or inaccurate description of any person or place in any
plaint or summons shall vitiate the same, where the person or place is described so as to be commonly known.
[Issue 1] D12 – 2
Revised Laws of Mauritius
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Questions this section answers
- How do I start a civil case in a District or Intermediate Court?
- How much notice must the defendant get before the trial date, and can that be shortened?