Section 5:
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.
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Questions this section answers
- In which district must I file my civil suit against someone?
- Can I sue in the district where the defendant used to live or do business, even if they've since moved?