Section 25: Rules of Court

25. Rules of Court (1) Any power to make Rules of Court shall include the power to make rules for the purpose of giving effect to this Act, and any such rules may contain provisions to have effect in relation to any proceedings by or against the State in substitution for, or by way of addition to, any rules applying to proceedings between subjects. [Issue 1] S36 – 12 Revised Laws of Mauritius (2) Rules of Court may provide— (a) for service or notice of process, in the case of proceedings by the State against persons who are not resident in Mauritius; (b) that, where civil proceedings are brought against the State in accordance with this Act, the plaintiff shall, before the State is required to take a step in the proceedings, provide the State with such information as the State may reasonably require as to the circumstances in which it is alleged that the liability of the State has arisen, and as to the departments and officers of the State concerned; (c) that in the case of proceedings against the State, the plaintiff shall not enter judgment against the State in default of appearance of pleading without the leave of the Court, to be obtained on an application of which notice has been given to the State; (d) for excepting proceedings brought against the State from the operation of a Rule of Court providing for summary judgment without trial, and for enabling such proceedings to be put, in proper cases, into a special list which may be kept for the trial of short causes, in which leave to defend is given under any such Rule of Court; (e) for enabling evidence to be taken on commission in proceedings by or against the State; and (f) (i) that a person shall not be entitled to avail himself of a setoff or counterclaim in proceedings by the State for the recovery of taxes, duties or penalties, or to avail himself, in proceedings of any other nature by the State, of a set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties or penalties; (ii) that a person shall not be entitled, without the leave of the Court, to avail himself of a set-off or counterclaim in proceedings by the State, if the subject matter of the set-off or counterclaim does not relate to the authorised department in the name of which the proceedings are brought or the proceedings are brought in the name of the Attorney-General; (iii) that the State, when sued in the name of an authorised department, shall not, without the leave of the Court, be entitled to avail itself of a set-off or counterclaim if the subject matter of the set-off or counterclaim does not relate to that department; and (iv) that the State, when sued in the name of the AttorneyGeneral, shall not be entitled to avail itself of a set-off or counterclaim without the leave of the Court. (3) Rules of Court may provide for appeals to the Supreme Court, whether by way of case stated or otherwise, under enactments relating to the revenue. [S. 25 amended by Act 48 of 1991.] S36 – 13 [Issue 1] State Proceedings Act