juris

Section 5:

DISTRICT AND INTERMEDIATE COURTS (CIVIL JURISDICTION) ACT, No · PART II: PROCEDURE

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.

5. Where summons may issue (1) Before a District Court, such plaint shall be entered and such summons shall issue in the district in which the defendant or one of the defendants dwells or carries on his business at the time of the action brought, or, where any immovable property is the subject matter of the suit, in the district in which such property is situate either in whole or in part. (2) (a) Such summons may also, by leave of the Magistrate, issue in any district in which the defendant or one of several defendants has dwelt or carried on business at any time within the 6 months before the action brought or in which the cause of action has arisen in whole or in part. (b) Where such leave is granted, the Court shall have jurisdiction as fully as if the defendants or every one of several defendants dwelt or carried on business within the district at the time of the action brought. (3) Where a plaintiff is or has been a trader within the meaning of the Bankruptcy Act and carries on or carried on business as such in the district of Port Louis and the defendant dwells or carries on business in any other district, the plaint may be entered and the summons may issue either in the district of Port Louis or in the district in which the defendant dwells or carries on business, provided that the subject matter of the plaint is not immovable property and has arisen out of and in connection with the plaintiff’s business as a trader in the district of Port Louis.

Ask juris about this section Official source

Questions this section answers