(a) a collision between ships;

(b) the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or

(c) non-compliance on the part of one or more of two or more ships, with the collision regulations made under section 252 of the Merchant Shipping Ordinance 1952 [Ord. 70/1952] , service of a notice of a writ out of the jurisdiction is permissible with the leave of the court in the following cases:

(A) if the whole subject matter of the action begun by the writ is immovable property situated within the jurisdiction (with or without rents or profits), or the

ORDER 12 Entry of appearance to writ

1. Mode of entering appearance (O. 12, R 1).

 

(1) Subject to paragraph (2) and Order 76, rule 2, a defendant to an action begun by writ may, whether or not he is sued as a trustee or personal representative or in any other representative capacity, enter an appearance in the action and defend the action by a solicitor or in person.

(2) Except as expressly provided by any written law or any practice direction for the time being issued by the Registrar, a defendant to an action which is a body corporate may not enter an appearance in the action or defend the action otherwise than by a solicitoR

(3) An appearance is entered by properly completing a memorandum of appearance, as defined in rule 2, and a copy thereof, and handing them in at the Registry.

(4) If two or more defendants to an action enter an appearance by the same solicitor and at the same time, only one memorandum of appearance needs to be complete

ORDER 13 Default of appearance to writ

1. Claim for liquidated demand (O. 13, R 1).

 

(1) Where a writ is endorsed with a claim against a defendant for a liquidated demand only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.

(2) A claim shall not be prevented from being treated for the purposes of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest accruing after the date of the writ at an unspecified rate, but any such interest shall be computed from the date of the writ to the date of entering judgment at the rate as may be specified under Order 42, rule 12.

2. Claim for unliquidated damages (O. 13, R 2).

Where

ORDER 14 Summary judgment

1. Application by plaintiff for summary judgment (O. 14, R 1).

 

(1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has entered an appearance in the action, the plaintiff may, on the ground that the defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part thereof except as to the amount of any damages claimed, apply to the court for judgment against that defendant.

(2) Subject to paragraph (3), this rule applies to every action begun by writ other than:

(a) a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage; or

(b) a claim by the plaintiff based on an allegation of fraud.

(3) This Order does not apply to an ac

ORDER 14A Disposal of case on point of law

1. Determination of questions of law or construction (O. 14A, R 1).

(1) The court may, upon the application of a party or of its own motion, determine any question of law or construction of any document arising in any cause or matter at any stage of the proceedings where it appears to the court that:

(a) such question is suitable for determination without the full trial of the action; and

(b) such determination will finally determine the entire cause or matter or any claim or issue therein.

(2) On such determination the court may dismiss the cause or matter or make such order or judgment as it thinks just.

(3) The court shall not determine any question under this Order unless the parties have had an opportunity of being heard on the question.

(4) The jurisdiction of the court under

ORDER 15 Causes of action, counterclaims and parties

1. Joinder of causes of action (O. 15, R 1).

(1) Subject to rule 5(1), a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action:

(a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity in respect of all causes of action;

(b) if the plaintiff claims or the defendant is alleged to be liable in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others; or

(c) with the leave of the court.

(2) An application for leave under this rule shall be made by ex parte notice of application supported by affidavit before the issue of the writ or originating summons and the affidavit must state the grounds of the applicati

ORDER 16 Third party and similar proceedings

1. Third party notice (O. 16, R 1).

(1) Where in any action a defendant who has entered an appearance:

(a) claims against a person not already a party to the action any contribution or indemnity;

(b) claims against such a person any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or

(c) requires that any question or issue relating to or connected with the original subject matter of the action should be determined not only as between the plaintiff and the defendant but also as between either or both of them and a person not already a party to the action,

then, subject to paragraph (2), the defendant may issue a notice in Form 18 or 19, whichever is appropriate (which is referred to as a "third party notice" in this Order), containing a statement of

ORDER 17 Interpleader

1. Entitlement to relief by way of interpleader (O. 17, R 1). 

(1) Where:

(a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto; or

(b) a claim is made to any money, goods or chattels taken or intended to be taken by the Sheriff in execution under any process, or to the proceeds or value of any such goods or chattels, by a person other than the person against whom the process is issued,

the person under liability or, subject to rule 2, the Sheriff may apply to the court for relief by way of interpleadeR

(2) Reference in this Order to a Sheriff shall be construed as including references to any other officer charged with the execution of process by or und

ORDER 18 Pleading

1. Service of statement of claim (O. 18, R 1). 

Unless the court gives leave to the contrary or a statement of claim is endorsed on the writ, the plaintiff shall serve a statement of claim on the defendant or, if there are two or more defendants, on each defendant, and shall do so either when the writ is served on that defendant or at any time after service of the writ but before the expiration of fourteen days after that defendant enters an appearance.

2. Service of defence (O. 18, R 2). 

(1) Subject to paragraph (2), a defendant who enters an appearance in, and intends to defend, an action shall, unless the court gives leave to the contrary, serve a defence on the plaintiff before the expiration of fourteen days after the time limited for appearing or after the statement of claim is served on him, whichever is the lateR

(2) If a notice of application

ORDER 19 Default of pleadings

1. Default in service of statement of claim (O. 19, R 1). 

Where the plaintiff is required by these rules to serve a statement of claim on a defendant and he fails to serve it on him, the defendant may, after the expiration of the period fixed under these rules for service of the statement of claim, apply to the court for an order to dismiss the action, and the court may by order dismiss the action or make such other order on such terms as it thinks just.

2. Default of defence: Claim for liquidated demand (O. 19, R 2). 

(1) Where the plaintiff's claim against a defendant is for a liquidated demand only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed under these rules for service of the defence, enter final judgment against that def

ORDER 20 Amendments

RULES OF COURT 2012PU(A) 205/2012

1. Amendment of writ without leave (O. 20, R 1). 

2. Amendment of appearance (O. 20, R 2). 

A defendant may not amend his memorandum of appearance without the leave of the court.

3. Amendment of pleadings without leave (O. 20, R 3). 

(1) A party may, without the leave of the court, amend any pleading of his once at any time before the pleadings are deemed to be closed and, where he does so, he shall serve the amended pleading on the opposite party.

(2) Where an amended statement of claim is served on a defendant:

(a) the defendant, if he has already served a defence on the plaintiff, may amend his defence; and

(b) the period for service of his defence or amended defence, as the case may be, shall be either the period fixed by or under these rules

ORDER 21 Withdrawal and discontinuance

1. Withdrawal of appearance (O. 21, R 1). 

A party who has entered an appearance in an action may withdraw the appearance at any time with the leave of the court.

2. Discontinuance of action without leave (O. 21, R 2). 

(1) The plaintiff in an action begun by writ may, without the leave of the court, discontinue the action or withdraw any particular claim made by him therein, as against any or all of the defendants at any time not later than fourteen days after the service of the defence on him or, if there are two or more defendants, of the defence last served, by serving a notice in Form 32 to that effect on the defendant concerned.

(2) A defendant may, without the leave of the court:

(a) withdraw his defence or any part of it at any time; or

(b) discontinue a counterclaim, or withdraw any

ORDER 22 (There is no Order 22)

(There is no Order 22)

ORDER 22A Interim payments

1. Interpretation (O. 22A, R 1).

In this Order:

"interim payment" in relation to a defendant, means a payment on account of any damages, debt or other sum (excluding costs) which he may be held liable to pay to or for the benefit of the plaintiff; and any reference to the plaintiff or defendant includes a reference to any person who, for the purpose of the proceedings, acts as next friend of the plaintiff or guardian of the defendant.

2. Application for interim payment (O. 22A, R 2).

(1) The plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to acknowledge service has expired, apply to the court for an order requiring the defendant to make an interim payment.

(2) An application under this rule shall be made by a notice of application in Form 33 but may be included in an application for

ORDER 22B Offer to settle

1. Offer to settle (O. 22B, R 1).

A party to any proceedings may serve on any other party an offer to settle in Form 34.

2. Timing (O. 22B, R 2).

An offer to settle may be made at any time before the court disposes of the matteR

3. Time for acceptance and withdrawal (O. 22B, R 3).

(1) Where an offer to settle specifies a time within which the offer may be accepted and it is not accepted or withdrawn within that time, the offer shall be deemed to have been withdrawn when the time expires.

(2) Where an offer to settle does not specify a time for acceptance, the offer may be accepted at any time before the court disposes of the matteR

(3) The notice of withdrawal of the offer shall be in Form 35.

4. Without prejudice rule (O. 22B, R 4).

An offer t

ORDER 23 Security for costs

1. Security for costs of action (O. 23, R 1). 

(1) Where, on the application of a defendant to an action or other proceedings in the court, it appears to the court:

(a) that the plaintiff is ordinarily resident out of the jurisdiction;

(b) that the plaintiff (not being a plaintiff who is suing in a representative capacity) is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so;

(c) subject to paragraph (2), that the plaintiff's address is not stated in the writ or originating summons or is incorrectly stated therein; or

(d) that the plaintiff has changed his address during the course of the proceedings with a view to evading the consequences of the litigation, then, if, having regard to all the circumstance

ORDER 24 Discovery and inspection of documents

1. Mutual discovery of documents (O. 24, R 1). 

(There is no rule 1)

2. Discovery by parties without order (O. 24, R 2). 

(There is no rule 2)

3. Order for discovery (O. 24, R 3). 

(1) Subject to the provisions of this rule and of rules 4 and 8, the court may at any time order any party to a cause or matter (whether begun by writ, originating summons or otherwise) to give discovery by making and serving on any other party a list of the documents which are or have been in his possession, custody or power and may at the same time or subsequently also order him to make and file an affidavit verifying such a list and to serve a copy thereof on the other party.

(2) (There is no paragraph (2))

(3) (There is no paragraph (3))

(4) The documents which a party to

ORDER 25 (There is no Order 25)

(There is no Order 25)

ORDER 26 Interrogatories

1. Discovery by interrogatories (O. 26, R 1). 

(1) A party to any cause or matter may apply in Form 44 to the court for an order:

(a) giving him leave to serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter; and

(b) requiring that other party to answer the interrogatories on affidavit within a specific period of time which shall not be less than fourteen days from the date of service of the interrogatories.

(2) A copy of the proposed interrogatories in Form 45 shall be served together with the application for such leave.

(3) On the hearing of an application under this rule, the court shall give leave as to such only of the interrogatories as it considers necessary either for disposing fairly of the cause or matter or for saving costs; and in deciding w

ORDER 27 Admissions

1. Admission of case of other party (O. 27, R 1). 

Without prejudice to Order 18, rule 13, a party to a cause or matter may give notice, by his pleading or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.

2. Notice to admit facts (O. 27, R 2). 

(1) A party to a cause or matter may not later than fourteen days after the cause or matter is set down for trial serve on any other party a notice requiring him to admit, for the purpose of that cause or matter only, the facts specified in the notice.

(2) An admission made in compliance with a notice under this rule shall not be used against the party by whom it was made in any cause or matter other than the cause or matter for the purpose of which it was made or in favour of any person other than the person by whom the notice was given, and the court may at any time allow a

ORDER 28 Originating summons procedure

1. Application (O. 28, R 1).

This Order applies to originating summons.

2. Fixing time for attendance of parties before Court (O. 28, R 2).

(There is no rule 2)

3. Notice of first hearing (O. 28, R 3).

(There is no rule 3)

3A. Hearing of originating summons (O. 28, R 3A).

An originating summons shall be heard in Chambers, subject to any express provision of these rules, any written law, any direction of the court or any practice direction for the time being issued by the RegistraR

3B. Dispute as to jurisdiction (O. 28, R 3B).

(1) A defendant who wishes to dispute the jurisdiction of the court in the proceedings by reason of any irregularity in the originating summons or se

ORDER 29 Interlocutory injunctions, interim preservation of property

RULES OF COURT 2012PU(A) 205/2012

1. Application for injunction (O. 29, R 1). 

(1) An application for the grant of an injunction may be made by any party to a cause or matter before or after the trial of the cause or matter, whether or not a claim for the injunction was included in that party's originating process, counterclaim or third party notice, as the case may be.

(2) Such application may be made by a notice of application supported by an affidavit and where the case is one of urgency, may be made ex parte.

(2A) The affidavit in support of an application made ex parte must contain a clear and concise statement of:

(a) the facts giving rise to the claim;

(b) the facts giving rise to the application for interim injunction;

(c) the facts relied on to justify the application ex parte , including details of any notice given to the other party or

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Legal Comments

• Introduction - The provided sources comprise diverse judgments across Indian constitutional, civil, service, labor, and criminal domains; no direct text of Rules of Court 2012 Order 29 is given. [Various sources; no direct Order 29 text]

• What does Order 29 say - No specific text of Order 29 is available in the sources; references instead discuss injunctions and interim relief principles in various contexts. [“A. Shanmugam VS Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai Sangam”; “Saregama India Limited VS Next Radio Limited”; general references to interim injunctions]

• Essential ingredients - From cited materials on interim relief: prima facie case, irreparable injury, balance of convenience; these are standard triad for interim injunctions, not a unique Order 29 formulation. [“”: Proving Inter Partes Injunction Under Order 29 Rule 1 ROC 2012; “”: Proving Inter Partes Injunction Under Order 29 Rule 1 ROC 2012]

• Scope of Section - The citations show Order 29 principles applied to civil interim relief across multiple jurisdictions; no single jurisdictional scope is identified for Order 29 beyond interim relief. [“”: Proving Inter Partes Injunction Under Order 29 Rule 1 ROC 2012]

• Punishment for Section - None of the included sources discusses penalties for violations of Order 29; punitive aspects are not addressed. [No relevant source]

• Transfer / Posting - A notable ruling (Transfer - Medical Officer) directs posting per existing policies and cadre orders, illustrating how court intervention can enforce policy-based postings and merit/seniority considerations. [["Paramjit Singh Nagi VS Union of India"]: Transfer - Medical Officer - CCS (Leave) Rules, 2011, MHA Policy Guidelines, Cadre Review Order - Final Decision]

• Policy applicability in transfers - The same case emphasizes applying older and newer policy frameworks (07.12.2011, 29.02.2012, 23.07.2021, Cadre Order 31.08.2022) to posting decisions. [“Paramjit Singh Nagi VS Union of India”]

• Seniority and merit in postings - Court mandates posting in Composite Hospital of CAPF as per seniority and merit against vacancies; highlights merit-based, policy-driven placement. [“Paramjit Singh Nagi VS Union of India”]

• Promotion rules - Several judgments hold that promotions must follow specific Promotion Rules; adoption of external/modified rules cannot override earlier Board rules for pre-existing cases. [“Madhya Pradesh Vidyut Mandal Abhiyanta Sangh VS State of M. P. ”; “State Of Madhya Pradesh VS Lakhan Singh S/O Dalpat Singh”: Promotion Rules; “BHUWAN CHANDRA VS STATE OF UTTARAKHAND”: Uttarakhand TET/Rules discussion]

• Interpreting grid of promotions - The Madhya Pradesh and MP Board decisions illustrate quashing merited promotions that did not align with amended boards’ rules; fresh consideration required under modified criteria. [“State Of Madhya Pradesh VS Lakhan Singh S/O Dalpat Singh”; “Madhya Pradesh Vidyut Mandal Abhiyanta Sangh VS State of M. P. ”]

• Administrative instructions v statutory rules - Uttarakhand/State rulings emphasize that administrative instructions cannot override statutory rules; only supplementary where gaps exist. [“Saregama India Limited VS Next Radio Limited”; “Latha Natchiyar VS Government of Tamilnadu, Represented By its Secretary”: Uttarakhand and Tamil Nadu contexts]

• Eligibility tests for teaching posts - Uttarakhand and Tamil Nadu cases stress that minimum qualifications must align with NCTE/NCTE-recognized norms; ODL 18-month D.El.Ed. is not equivalent to 2-year regular D.El.Ed. without expert backing. [“Jaiveer Singh VS State of Uttarakhand”; “K. Srinivasan VS State Government of Tamil Nadu, rep. by its Secretary, Finance (Salary) Department, Fort St. George”; “In Re: Secretary to the Government of India, Ministry of Law and Justice (Legislative Department) VS . ”]

• Consequences for irregular appointments - Courts invalidated ad hoc guidelines and notes, quashing promotions/appointments not in compliance with statutory rules; restoring opportunities under proper rules. [“Rajnikant S/o Late Shri Raghuvar Sahai VS Secretary to His Excellency the Governor of Rajasthan”; “Yogendra Taneja VS State of Rajasthan”; “BHUWAN CHANDRA VS STATE OF UTTARAKHAND”]

• Reversion and natural justice - Several decisions hold that withdrawal or revocation of promotions or postings must satisfy natural justice and statutory procedures; where improper, reliefs are granted. [“Rajnikant S/o Late Shri Raghuvar Sahai VS Secretary to His Excellency the Governor of Rajasthan”; “Yogendra Taneja VS State of Rajasthan”; “Fazlur Rehman Sufi @ Shamim VS Asfaq”]

• Financial approvals in education staffing - The UP/MP/Jharkhand/Allahabad lines show that financial approvals for appointments must align with statutory rules and court directions; improvised approvals can be struck down. [“Shanker Junior High School Thru Manager VS State of U. P. Thru Secy. of Edu. Basic Lucknow”; “Shailendra Chowdhary VS Commissioner, Jabalpur Division, Jabalpur”; “Shikhar Agrawal VS State Of U. P. ”]

• Recognition and continuation in posts - In cases of recognition/continuation, the courts have remanded for further consideration where initial conclusions were flawed; emphasis on procedural correctness. [“Annai Terasa College of Education Administered by Christian Mission Charitable Trust VS Member Secretary National Council for Teacher Education”; “Rabari Vishnubhai Ramjibhai VS State of Gujarat”]

• Seniority disputes in cadre reorganization - Decisions on inter se seniority (e.g., SFOs and forest cadres) stress adherence to statutory seniority rules and avoidance of arbitrary classifications. [“02500058953”; “02500058953”]

• Insurance/medical reimbursement contexts - Several decisions grant reimbursement or continue benefits under statutory frameworks despite administrative objections, illustrating protection of benefits under statute and rules. [“S. Dhanalakshmi VS Government of Tamil Nadu”; “K. Srinivasan VS State Government of Tamil Nadu, rep. by its Secretary, Finance (Salary) Department, Fort St. George”]

• POCSO/Illicit evidence presumption - In POCSO contexts, courts rely on statutory presumptions and existing law; not directly tied to Order 29 but demonstrates statutory interpretation under penal regimes. [“Chand VS State (Govt. of NCT) of Delhi”; “In Re: Secretary to the Government of India, Ministry of Law and Justice (Legislative Department) VS . ”]

• Miscellaneous governance and service rules - Numerous citations concern governance of government employees, teachers, and clerical staff; the central theme is adherence to statutory rules and process, avoiding ad hoc Executive action. [Multiple: “Yogendra Taneja VS State of Rajasthan”; “Rajnikant S/o Late Shri Raghuvar Sahai VS Secretary to His Excellency the Governor of Rajasthan”; “A. Shanmugam VS Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai Sangam”; “Maninderjit Singh Bitta VS Vijay Chhibber”]

• Conclusion - The provided sources collectively underscore a consistent judicial preference for compliance with statutory frameworks and established rules (Promotion Rules, Teacher Rules, CCS Pension/Leave, etc.), with interim relief principles (Order 29) invoked where appropriate to safeguard rights or preserve status quo, rather than creating new rights outside statutory contours. Direct text of Rules of Court 2012 Order 29 is not present; thus, the commentary leans on the applied jurisprudence surrounding interim orders and policy-based administrative actions. [Synthesis of cited sources]

ORDER 30 Receivers

1. Application for receiver and injunction (O. 30, R 1).

(1) An application for the appointment of a receiver may be made by notice of application.

(2) An application for an injunction ancillary or incidental to an order appointing a receiver may be joined with the application for such ordeR

(3) Where the applicant intends to apply for the immediate grant of such injunction, he may do so ex parte by a notice of application supported by an affidavit.

(4) The court hearing an application under paragraph (3) may grant an injunction, restraining the party beneficially entitled to any interest in the property of which a receiver is sought from assigning, charging or otherwise dealing with that property until after the hearing of a notice of application for the appointment of the receiver and may require such a notice of application, returnable on such date as the court may direct, to be

ORDER 31 Sales of immovable property by order of court

1. Power to order sale of immovable property (O. 31, R 1). 

Where in any cause or matter relating to any immovable property it appears necessary or expedient for the purposes of the cause or matter that the property or any part thereof should be sold, the court may order that property or part to be sold, and any party bound by the order and in possession of that property or part, or in receipt of the rents and profits thereof, may be compelled to deliver up such possession or receipt to the purchaser or to such other person as the court may direct.

2. Manner of carrying out sale (O. 31, R 2). 

(1) Where an order is made, whether in court or in Chambers, directing any immovable property to be sold, the court may permit the party or person having the conduct of the sale to sell the property in such manner as he thinks fit, or ma

ORDER 31A E-LELONG SYSTEM

1. Definition (O. 31A, R 1).

In this Order

"authentication code" means any identification or identifying code, password or any other authentication method or procedure which has been assigned by the Registrar for the purpose of identifying and authenticating the access to, and use of the e-Lelong System;

"identification name" means the identification name assigned by the Registrar pursuant to subrule 5(1);

"registered user" means any person or entity who has been registered by the Registrar to gain access to and to use the e-Lelong System pursuant to rule 4;

"e-Lelong Operation Centre" means a System Administrator Unit headed by the Registrar authorized to be established in pursuance of rule 3 for the purpose of administration of the e-Lelong System;

"e-Lelong System" means a centralized system of electronic public auction for the sales of immovable property established in pursuant to rule 2.

ORDER 32 Applications and proceedings in chambers

1. Mode of making application (O. 32, R 1).

Every application in Chambers shall be made by notice of application in Form 57.

2. Issue of notice of application (O. 32, R 2).

(1) The issue of a notice of application by which an application in Chambers is to be made takes place on its being sealed by an officer of the Registry.

(2) A notice of application may not be amended after issue without the leave of the court.

3. Service of notice of application (O. 32, R 3).

A notice of application asking only for the extension or abridgement of any period of time may be served on the day before the day specified in the notice of application for the hearing thereof but, except as aforesaid and unless the court otherwise orders or any of these rules otherwise provides, a notice of application shall

ORDER 33 Mode of trial

RULES OF COURT 2012PU(A) 205/2012

1. Mode of trial (O. 33, R 1). 

Subject to the provisions of these rules, a cause or matter, or any question or issue arising therein, may be tried before a Judge or Registrar, with or without the assistance of assessors.

2. Time of trial of questions or issues (O. 33, R 2). 

The court may order any question or issue arising in a cause or matter, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

3. Determining mode of trial (O. 33, R 3). 

(1) In every action begun by writ, an order made at the pre-trial case management shall determine the mode of trial; and

ORDER 33A PROCEEDINGS THROUGH REMOTE COMMUNICATION TECHNOLOGY

1. Application (O. 33A R 1)..

Notwithstanding anything in these rules, this Order shall apply to any proceeding conducted through a remote communication technology.

2. Direction by the Court or Registrar (O. 33A R 2)..

(1) The court or Registrar may, subject to the practice direction issued in relation to such purpose, direct that any cause or matter under these rules is to be heard or any proceeding is to be conducted through a remote communication technology as approved by the court.

(2) The power conferred on the court or Registrar in paragraph (1) may be exercised on its own motion or upon application made by any party to a proceeding.

(3) Where an application is made under paragraph (2), the court or Registrar may give directions as to the further conduct of the proceedings

ORDER 34 Pre-trial case management

1. Application (O. 33A R 1)..

Notwithstanding anything in these rules, this Order shall apply to any proceeding conducted through a remote communication technology.

2. Direction by the Court or Registrar (O. 33A R 2)..

(1) The court or Registrar may, subject to the practice direction issued in relation to such purpose, direct that any cause or matter under these rules is to be heard or any proceeding is to be conducted through a remote communication technology as approved by the court.

(2) The power conferred on the court or Registrar in paragraph (1) may be exercised on its own motion or upon application made by any party to a proceeding.

(3) Where an application is made under paragraph (2), the court or Registrar may give directions as to the further conduct of the proceedings

ORDER 35 Proceedings at trial

1. Failure to appear by both parties or one of them (O. 35, R 1).

(1) If, when the trial of an action is called on, neither party appears, the Judge may dismiss the action or make any other order as he thinks fit.

(2) If, when the trial of an action is called on, one party does not appear, the Judge may proceed with the trial of the action or any counterclaim in the absence of that party, or without trial give judgment or dismiss the action, or make any other order as he thinks fit.

2. Judgment given in absence of party may be set aside (O. 35, R 2).

(1) Any judgment or order obtained where one party does not appear at the trial may be set aside by the court, on the application of that party, on such terms as it thinks just.

(2) An application under this rule shall be made within fourteen days after the date of the judgment or order sought to be set aside without

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Legal Commentary on ORDER 35 of the RULES OF COURT 2012

Introduction

Order 35 of the Rules of Court 2012 governs proceedings at trial, focusing on procedures related to judgment, non-suits, and related interlocutory matters. It provides the framework for the conduct of trials and the steps following the conclusion of evidence and arguments in civil cases.

What does Section Says

Order 35 outlines the procedures for judgment, including the entry of judgment, non-suits, and related applications. It also prescribes the process for setting aside orders given in absence of a party and the steps to be taken after judgment is delivered.

Essential Ingredients

• Procedures for entering judgment and non-suits.
• Conditions and procedures for setting aside orders.
• The role of the court in managing trial proceedings.
• The requirement for specifying dates for delivery of possession in relevant decrees.
• The process for applications related to judgment and non-suit.

Scope of Section

Order 35 applies to civil proceedings in the High Court and Magistrates’ Court, covering the steps from trial to judgment, including non-suits, setting aside orders, and enforcement of judgments. It ensures procedural discipline and fairness during trial stages.

Punishment for Section

Order 35 does not specify punitive measures; rather, it prescribes procedural remedies such as setting aside orders, dismissals, or non-suits. Violations or non-compliance may attract costs or sanctions as determined by the court.

Legal Comments

• Procedural Clarity - Order 35 provides clear procedures for judgment and non-suits, ensuring consistency in trial conduct [Rules of Court 2012].
• Setting Aside Orders - The rules allow parties to apply to set aside orders made in their absence, promoting fairness [Order 35, Rule 2].
• Judgment Entry - The section details how judgments are to be entered and the importance of specifying delivery dates for possession in decrees involving land [Order 35, Rules 1 and 3].
• Non-Suit Power - Courts have the power to non-suit a plaintiff where appropriate, ensuring that cases without merit do not proceed unnecessarily [Lagos State Civil Procedure Rules 2012].
• Enforcement Procedures - Order 35 facilitates the enforcement of judgments, including delivery of possession and costs, aligning with broader enforcement principles [Order 21, Rule 35].
• Application to Interpleader - The rules encompass procedures for interpleader suits, including payment into court and related steps, underlining their broad scope [Order 35 CPC].
• Court’s Discretion - The court retains discretion to make appropriate orders at trial, including costs and dismissals, emphasizing judicial control [Rules of Court 2012].
• Procedural Fairness - The provisions for parties to apply to set aside orders made in their absence promote procedural fairness [Order 35, Rule 2].
• Judgment in Agricultural Land Cases - Specific mention of delivery dates in decrees involving agricultural land underscores procedural specificity [Order 21, Rules 35 and 36].
• Application of Evidence Act - The rules integrate with the Evidence Act for procedural integrity during trial proceedings [Lagos State Civil Procedure Rules 2012].
• Role of Court Officers - Court officers are empowered to enforce orders and compel attendance or production of documents, supporting effective trial management [Rules of Court 2012].
• Appeals and Applications - Order 35 procedures are linked with appellate processes, ensuring that trial judgments are subject to review if necessary [Singapore Rules of Court 2021].
• Enforcement of Orders - Courts can send orders to executing courts for enforcement, such as possession or costs, emphasizing procedural efficiency [Rules of Court 2012].
• Procedural Remedies - The section provides remedies such as setting aside orders and non-suits, which serve as safeguards for parties’ rights [Order 35].
• Limitations and Exceptions - Certain applications, such as for setting aside orders, must adhere to specified procedures and timeframes to be valid [Order 35, Rule 2].
• Cross-Jurisdictional Application - Similar provisions exist across jurisdictions like India, Malaysia, and Singapore, indicating the universal importance of procedural discipline at trial [Indian Case Law, Malaysian Rules, Singapore Rules].

Note: The references are based on the provided sources and are formatted within square brackets as requested.

ORDER 35A (There is no Order 35A)

(There is no Order 35A)

ORDER 36 Trials before and inquiries by Registrar

1. Power to order trial before Registrar (O. 36, R 1).

If in any cause or matter, the court considers, upon application by any party or on its own motion, that having regard to the nature of the case it is desirable (whether on grounds of expedition, economy or convenience or otherwise) in the interest of one or more of the parties, the court may order that the cause or matter, or any question or issue of fact arising therein, shall be tried before the RegistraR

2. Trial before, and inquiry by, Registrar (O. 36, R 2).

The court may, with the consent of the parties to any cause or matter, order that the cause or matter, or any question or issue of fact arising therein, be tried before the RegistraR

ORDER 37 Assessment of damages

1. Assessment of damages by Registrar (O. 37, R 1). 

(1) Where judgment is given for damages to be assessed and no provision is made by the judgment as to how they are to be assessed, the damages shall, subject to the provisions of this Order, be assessed by the Registrar, and the party entitled to the benefit of the judgment shall, within one month from the date of the judgment, apply to the Registrar for directions and the provisions of Order 34 shall, with the necessary modifications, apply.

(2) On the hearing of the application for directions, the Registrar may, in addition to making such orders as are necessary and appropriate under Order 34, give directions as to the time by which a notice of appointment for assessment of damages shall be filed and such notice upon being filed shall, notwithstanding anything in Order 62, rule 10, be served not later than seven days thereafter on the party against whom the judgment is given. Notice

ORDER 38 Evidence: General

1. General rule: Witness to be examined orally (O. 38, R 1). 

Subject to the provisions of these rules and of the Evidence Act 1950 [Act 56] and any other written law relating to evidence, any fact required to be proved at the trial of any action begun by writ by the evidence of witnesses shall be proved by the examination of the witnesses in open court.

2. Evidence by witness statement (O. 38, R 2). 

(1) Notwithstanding rule 1, and unless otherwise provided by any written law or by these rules, at the trial of an action commenced by writ, evidence-in-chief of a witness shall be given by way of witness statement and, unless the court otherwise orders or the parties to the action otherwise agree and subject to such directions as the court may make, such a witness shall attend trial for cross-examinatio

ORDER 39 Evidence by deposition: Examiners of the court

1. Power to order depositions to be taken (O. 39, R 1).

(1) The court may, in any cause or matter where it appears necessary for the purposes of justice, make an order in Form 69 for the examination on oath before a Judge or the Registrar or some other person, at any place, of any person.

(2) An order under paragraph (1) may be made on such terms (including, in particular, terms as to the giving of discovery before the examination takes place) as the court thinks fit.

2. Where person to be examined is out of jurisdiction (O. 39, R 2).

(1) Where the person in relation to whom an order under rule 1 is required is out of the jurisdiction, an application may be made:

(a) for an order in Form 70 under that rule for the issue of a letter of request to the judicial authorities of the country in which that person is to take, or caus

ORDER 40 Court expert

RULES OF COURT 2012PU(A) 205/2012

1. Appointment of expert to report on certain question (O. 40, R 1).

Cases Referred

 

 

(1) In any cause or matter in which any question for an expert witness arises, the court may at any time, on its own motion or on the application of any party, appoint an independent expert or, if more than one such question arises, two or more such experts, to inquire and report upon any question of fact or opinion not involving questions of law or of construction.

(2) An expert appointed under this Order or under Order 32 rule 12 shall be referred to as a "court expert".

(3) Any court expert in a cause or matter shall, if possible, be a person agreed between the parties and, failing agreement, shall be nominated by the 

ORDER 40A Experts of parties

1. Limitation of expert evidence (O. 40A, R 1).

(1) The court may, at or before the trial of any action, by order limit the number of expert witnesses who may be called at the trial to such number as it may specify.

(2) A reference to an "expert" in this Order is a reference to an expert who has been instructed to give or prepare evidence for the purpose of court proceedings.

2. Expert's duty to the Court (O. 40A, R 2).

(1) It is the duty of an expert to assist the court on the matters within his expertise.

(2) This duty overrides any obligation to the person from whom he has received instructions or by whom he is paid.

3. Requirements of expert's evidence (O. 40A, R 3).

(1) Unless the court otherwise directs, expert evidence to be given at the trial of any acti

ORDER 41 Affidavits

1. Form of affidavit (O. 41, R 1). 

(1) Subject to paragraphs (2) and (3), every affidavit sworn in a cause or matter shall be entitled in that cause or matteR

(2) Where a cause or matter is entitled in more than one matter, it is sufficient to state the first matter followed by the words "and other matters", and where a cause or matter is entitled in a matter and between parties, that part of the title which consists of the matter may be omitted.

(3) Where there are more plaintiffs than one, it is sufficient to state the full name of the first plaintiff followed by the words "and others", and similarly with respect to defendants.

(4) Every affidavit shall be expressed in the first person and shall state the place of residence of the deponent and his occupation or, if he has none, his description, and if he is, or is employed by, a party to the cause or matter in which the affidavit is sworn, the affidavit shall state that

ORDER 42 Judgment and orders

1. Delivering judgment (O. 42, R 1.

(1) Every judgment, after the hearing of a cause or matter in open court, shall, subject to paragraphs (3) and (4), be pronounced in open court either on the conclusion of the hearing or on a subsequent day of which notice shall be given to the parties.

(2) Where a cause or matter is heard in Chambers, the Judge hearing it may, subject to paragraphs (3) and (4), pronounce the judgment in Chambers, or, if he thinks fit, in open court.

(3) Whenever a written judgment is to be delivered, the court may deliver it by directing copies thereof to be handed to the parties or their solicitors upon payment of the appropriate charges therefor, and the original thereof signed by the Judge shall be filed.

(4) When a Judge who has heard any cause or matter is unable through death, illness or other cause to pronounce judgment, the judgm

ORDER 43 Accounts and inquiries

1. Summary order for account (O. 43, R 1). 

(1) Where a writ is endorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has entered an appearance or after the time limited for appearing, apply for an order under this rule.

(2) A defendant to an action begun by writ who has served a counterclaim, which includes a claim for an action or a claim which necessarily involves taking an account, on:

(a) the plaintiff;

(b) any other party; or

(c) any person who becomes a party in accordance with such service, may apply for an order under this rule.

(3) An application under this rule shall be made by notice of application, if the court so directs, shall be supported by affidavit or other evidence.

(4) On the hearing of the application, the court

ORDER 44 Proceedings under judgments and orders on the equity side

RULES OF COURT 2012PU(A) 205/2012

1. Application to proceedings under an order (O. 44, R 1). 

 

In this Order, references to a judgment includes references to an ordeR

2. Documents to be filed at Registry: Application to proceed (O. 44, R 2).

Cases Referred

 

 

[Am. by P.U.(A) 226/2012]

(1) Where in order to carry out any directions contained in a judgment given in a cause or matter it is necessary to proceed in Chambers under the judgment, the party entitled to prosecute the judgment shall, within ten days after entry of the judgment, take out a notice of application to proceed under the judgment.

(2) If the party entitled to prosecute the judgment fails to comply with paragraph (1), any other party to

ORDER 45 Enforcement of judgment and orders

RULES OF COURT 2012PU(A) 205/2012

1. Enforcement of judgment or order for payment of money (O. 45, R 1).

Cases Referred

 

 

(1) Subject to the provisions of these rules, a judgment or order for the payment of money, not being a judgment or order for the payment of money into court, may be enforced by one or more of the following means:

(a) a writ of seizure and sale;

(b) garnishee proceedings;

(c) in a case in which rule 5 applies, an order of committal.

(1A) In addition to rule 1(1) and subject to the provisions of these rules, a judgment or order for the payment of money, not being a judgment or order for the payment of money into court, may be enforced in t

ORDER 46 Writs of execution: General

1. Definition (O. 46, R 1). 

In this Order, unless the context otherwise requires, "writ of execution" includes a writ of seizure and sale, a writ of possession and a writ of delivery.

2. When leave to issue any writ of execution is necessary (O. 46, R 2). 

(1) A writ of execution to enforce a judgment or order may not be issued without the leave of the court in the following cases:

(a) where six years or more have lapsed since the date of the judgment or order;

(b) where any change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order;

(c) where the judgment or order is against the assets of a deceased person coming to the hand of his executors or administrators after the date of the judgment or order, and it is sought to issue execution against su

ORDER 47 Writs of seizure and sale

1. Power to stay execution by writ of seizure and sale (O. 47, R 1).

(1) Where a judgment is given or an order made for the payment by any person of money, and the court is satisfied, on an application made at the time of the judgment or order, or at any time thereafter, by the judgment debtor or other party liable to execution:

(a) that there are special circumstances which render it inexpedient to enforce the judgment or order; or

(b) that the applicant is unable from any cause to pay the money,

then, notwithstanding anything in rule 2 or 3, the court may by order stay the execution of the judgment or order by writ of seizure and sale either absolutely or for such period and subject to such conditions as the court thinks fit.

(2) An application under this rule, if not made at the time the judgment is given or order made,

ORDER 48 Examination of judgment debtor

1. Order for examination of judgment debtor (O. 48, R 1).

(1) In this Order, "the Registrar" means the Registrar of the High court or Sessions court Judge or Magistrate.

(2) Where a person has obtained a judgment or order for the payment of money by some other person (who is referred to as "the judgment debtor" in this Order), the court may, on an application made ex parte by a notice of application supported by an affidavit in Form 95 by the person entitled to enforce the judgment or order, order the judgment debtor, or, if the judgment debtor is a body corporate, an officer thereof, to attend before the Registrar, and be orally examined on the questions:

(a) whether any and, if so, what debt are owing to the judgment debtor; and

(b) whether the judgment debtor has any and, if so, what other property or means of satisfying the ju

ORDER 49 Garnishee proceedings

1. Attachment of debt due to judgment debtor (O. 49, R 1).

(1) Where a person (who is referred to as "the judgment creditor" in this Order) has obtained a judgment or order for the payment of money by some other person (who is referred to as "the judgment debtor" in this Order), not being a judgment or order for the payment of money into court, and any other person within the jurisdiction (who is referred to as "the garnishee" in this Order), is indebted to the judgment debtor, the court may, subject to the provisions of this Order and of any written law, order the garnishee to pay the judgment creditor the amount of any debt due or accruing due to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings.

(2) An order in Form 97 under this rule shall in the first instance be an order to show cause, specifying

ORDER 50 Charging orders, stop orders

1. (O. 50, R 1).  

(There is no rule 1)

2. Order imposing charge on securities (O. 50, R 2).

(1) The court may for the purpose of enforcing a judgment or order for the payment of an ascertained sum of money to a person by order in Form 101 impose on any interest to which the judgment debtor is beneficially entitled in such of the securities to which this rule applies as may be specified in the order a charge for securing payment of the amount due under the judgment or order and interest thereon.

(2) Any such order shall in the first instance be an order to show cause, in Form 102 specifying the time and place for further consideration of the matter and imposing the charge until that time in any event.

(3) The securities to which this rule applies are:

(a) any Government stock, and any stock of any company registered under any

ORDER 51 Receivers: Equitable execution

1. Appointment of receivers by way of equitable execution (O. 51, R 1).

(1) Where an application is made for the appointment of a receiver by way of equitable execution, the court in determining whether it is just or convenient that the appointment should be made shall have regard to the amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and to the probable costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the appointment.

(2) Where on an application for the appointment of a receiver by way of equitable execution it appears to the court that the judgment creditor is resident outside the scheduled territories, or is acting by order or on behalf of person so resident, then, unless the permission of the Controller required by the Exchange Control Act 1953 has been given unconditionally or on conditions that

ORDER 51A Rateable distribution

1. (O. 50, R 1).

(There is no rule 1)

2. Order imposing charge on securities (O. 50, R 2).

(1) The court may for the purpose of enforcing a judgment or order for the payment of an ascertained sum of money to a person by order in Form 101 impose on any interest to which the judgment debtor is beneficially entitled in such of the securities to which this rule applies as may be specified in the order a charge for securing payment of the amount due under the judgment or order and interest thereon.

(2) Any such order shall in the first instance be an order to show cause, in Form 102 specifying the time and place for further consideration of the matter and imposing the charge until that time in any event.

(3) The securities to which this rule applies are:

(a) any Government stock, and any stock of any company registered under any w

ORDER 52 Committal

1. Definition (O. 52, R 1). 

In this Order:

"court" means the High court, Sessions court and Magistrates' court;

"Judge" means a High court Judge, Sessions court Judge or Magistrate.

2. Committal for contempt of Court (O. 52, R 2). 

The court may, on the application of any party to any cause or matter or on its own motion, make an order of committal in Form 107.

2A. Contempt committed in the face of the Court (O. 52, R 2A). 

(1) If a contempt is committed in the face of the court, it shall not be necessary to serve a formal notice to show cause, but the court shall ensure that the person alleged to be in contempt understands the nature of the offence a

ORDER 53 Application for judicial review

1. Application for judicial review (O. 53, R 1).

(1) This Order shall govern all applications seeking the relief specified in paragraph 1 of the Schedule to the Courts of Judicature Act 1964 and for the purposes therein specified.

(2) This Order is subject to the provisions of Chapter VIII of Part 2 of the Specific Relief Act 1950 [Act 137] .

2. Applications (O. 53, R 2).

(1) An application for any of the reliefs specified in paragraph 1 of the Schedule to the Courts of Judicature Act 1964 (other than an application for an order of habeas corpus ) shall be in Form 109.

(2) An application for judicial review may seek any of the reliefs, including a prayer for a declaration, either jointly or in the alternative in the same application if it relates to or is connected with the same subject matteR

(3) Upon the hearing of an application for judicial review, th

ORDER 54 (There is no Order 54)

(THERE IS NO ORDER 54)

ORDER 55 Appeals to High Court from Subordinate Courts

1. Definition (O. 55, R 1).

In this Order, "decision" includes judgment, order and decree.

2. Appeal to be by re-hearing on notice (O. 55, R 2).

All appeals to the High court shall be by way of re-hearing and shall be brought by giving a notice of appeal within fourteen days from the date of the decision appealed from.

3. Notice of appeal against a decision made after trial (O. 55, R 3).

(1) A notice of appeal against a decision made after trial shall substantially be in Form 111 and shall be filed in the court from which the decision is appealed from.

(2) Any appellant may appeal from the whole or part of a judgment or order and the notice of appeal shall state whether the whole or part only, and what part, of the judgment or order is complained of.

(3) [Deleted by P.U.(A) 24/2018] .

ORDER 55A Appeals to High Court under written law

1. Appeals to the High Court under written law (O. 55A, R 1).

(1) Where under any written law an appeal lies from any decision of any person or body of persons to the High court such appeal shall be made to the High court in the State where the decision was given by way of an originating summons setting out the grounds of the appeal and supported by an affidavit, and if the court so directs at the hearing of the appeal, by way of oral evidence.

(2) The appellant shall annex the following documents as exhibits to the affidavit filed in support of the originating summons or to such further affidavit as may be filed in the appeal proceedings:

(a) the notes of evidence, if available recorded wholly or partly by mechanical means;

[Am.by P.U.(A) 286/2012]

(b) the grounds of decision, if available;

<

ORDER 56 Appeals from Registrar of the High Court to a Judge in Chambers

1. Appeals from certain decisions of Registrar of the High Court to a Judge in Chambers (O. 56, R 1).

(1) An appeal shall lie to a Judge in Chambers from any judgment, order or decision of the Registrar of the High court.

(2) The appeal shall be brought by serving on every other party to the proceedings in which the judgment, order or decision was given or made a notice in Form 114 to attend before the Judge on a day specified in the notice.

(3) Unless the court otherwise orders, the notice shall be filed within fourteen days after the judgment, order or decision appealed against was given or made, and shall be served not less than five days before the date fixed for the hearing of the appeal.

(3A) At the hearing of the appeal fresh evidence shall not be admitted unless the Judge is satisfied that:

(a) at the hearing before the Registrar the new evidence was not

ORDER 57 Transfer of proceedings

1. Transfer of proceedings to another Court (O. 57, R 1).

(1) Where the Judge of the High court or a Judge of the Sessions court or a Magistrate is satisfied that any proceedings in that court can be more conveniently or fairly tried in some other court of co-ordinate jurisdiction, he may on application by any party, order the proceedings to be transferred to the other court.

(2) A transfer of any proceedings from:

(a) a Subordinate court to the High court; or

(b) the High court to a Subordinate court,

shall only be made by an order of that High court Judge on application by any party by originating summons or notice of application, whichever is appropriate.

(3) A transfer of any proceedings from:

ORDER 58 (There is no Order 58)

(THERE IS NO ORDER 58)

ORDER 59 Costs

1. Interpretation (O. 59, R 1). 

(1) In this Order:

"costs" includes fees, charges, disbursements, expenses and remuneration;

"determined costs" means costs determined in accordance with this Order;

"fixed costs" means costs under this Order set out hereinafter;

"court" means the High court (including a Registrar of the High court), Sessions court and Magistrates' court;

"contentious business" and "non-contentious business" have the same meanings as assigned to them in the Legal Profession Act 1976 respectively.

(2) In this Order, references to a fund, being a fund out of which costs are to be paid or which is held by a trustee or personal representative, include references to any estate or property, whether movable or immovable, held for the benefit of any person or class of persons; and refe

ORDER 60 The Registry

1. Distribution of business (O. 60, R 1).

The Registry shall be divided into such departments, and the business performed in the Registry shall be distributed among the departments in such manner as the Chief Judge or the Sessions court Judge may direct.

2. Records or books to be kept (O. 60, R 2).

The Registrar shall cause to be kept in Forms 118 to 132 the following:

(a) a Cause Book;

(b) an Originating Applications Book;

(c) an Interpleader Summons Book;

(d) an Interlocutory Application Book;

(e) a Judgment Book;

(f) a Writs of Execution Book;

(g) a Distress Book;

(h) a Probate Book;

(i) a Caveat Book;

(j) a Service Book;

(k) an Adoption Book;

(l) an Accountant General's D

ORDER 61 Sittings, vacation and office hours

1. Vacation Judge (O. 61, R 1).

A Judge of the High court shall be available during every vacation to act as a vacation Judge of the High court.

2. Hearing of applications in vacation (O. 61, R 2).

All such applications as required to be immediately or promptly heard shall be heard in vacation by the vacation Judge of the High court.

3. Registry of the High Court: Days and hours open (O. 61, R 3).

(1) The Registry of the court shall be open on every day of the year except on a weekly holiday or a public holiday.

(2) The hours during which the Registry of the court shall be open to the public shall be such as the Chief Judge may from time to time direct.

[Am. by P.U.(A) 232/2012]

ORDER 62 Service of documents

1. When personal service required (O. 62, R 1). 

(1) Any document which by virtue of these rules is required to be served on any person need not be served personally unless the document is one which by an express provision of these rules or by order of the court is required to be so served.

(2) Paragraph (1) shall not affect the power of the court under any provision of these rules to dispense with the requirement for personal service.

(3) The service of a writ is not required where the defendant or his solicitor undertakes in writing to accept service and enter an appearance.

2. (O. 62, R 2). 

(There is no rule 2)

3. Personal service: How effected (O. 62, R 3). 

Personal service of a document is effected by leaving a copy of the docume

ORDER 63 Paper, printing, notices and copies

1. Specifications for documents (O. 63, R 1).

Cases Referred

 

 

Unless the nature of the document renders it impracticable, every document prepared by a party for use in the court shall be on paper of durable quality, approximately 11.69 inches (297 mm.) long, by 8.27 inches (210 mm.) wide, having a margin, not less than 1 inch wide to be left blank on either side of the papeR Every document may be printed on both sides of the papeR

2. Method of printing or duplicating document (O. 63, R 2). 

 

(1) Except where these rules otherwise provide, every document prepared by a party for use in the court shall be produced by one of the following means, that is to say, printing, writing (which shall be clear and legible)

ORDER 63A Electronic filing

1. Definitions (O. 63A, R 1). 

In this Order:

"service bureau" means a service bureau which the Registrar has authorized to be established in pursuance of rule 4 for the purpose of assisting in the filing of documents using the electronic filing service;

"specified documents" means documents which are specified in any practice directions for the time being issued by the Registrar as being documents which may be or shall be filed in court using the electronic filing service;

"authentication code" means any identification or identifying code, password or any other authentication method or procedure which has been assigned by the Registrar for the purpose of identifying and authenticating the access to and use of the electronic filing service;

"identification name" means the identification name assigned by the Registrar under rule 6(1);

"electronic transmission" means the electronic

ORDER 64 Change of solicitor

1. Change of solicitor by notice (O. 64, R 1). 

(1) A party to any cause or matter who sues or defends by a solicitor may change his solicitor without an order for that purpose but, unless and until a notice of the change is filed and served in accordance with this rule, the former solicitor shall, subject to rules 4 and 5, be considered the solicitor of the party until the final conclusion of the cause or matteR

(2) A notice of a change of solicitor in Form 136 shall be filed in the Registry.

(3) The party giving the notice shall serve on every other party to the cause or matter (not being a party in default as to entry of appearance) and on the former solicitor a copy of the notice.

(4) The party giving the notice may perform the duties prescribed by this rule in person or by his new solicitoR

2. Appointing a solicitor after having acted in person (O. 64, R 2).

ORDER 65 SERVICE OF FOREIGN PROCESS

1. Definition (O. 65, R 1).  In this Order, "process" includes a citation.

(1) This rule applies in relation to the service of any process required in connection with civil proceedings pending before a court or other tribunal of a foreign country where a letter of request from such a tribunal requesting service on a person in Malaysia of any such process sent with the letter is received by the Minister and is sent by him to the High court with an intimation that it is desirable that effect should be given to the request.

(2) In order that service of the process may be effected in accordance with this rule, the letter of request shall be accompanied by a translation thereof in English, by two copies of the process to be served and by two copies of a translation of the process in English.

(2A) Where the Minister considers that the letter of request does not comply with paragraph (1) or (2), the Minister must inform the requesting court or tribunal of that foreign

ORDER 66 Obtaining evidence for foreign court

1. Jurisdiction of Registrar to make order (O. 66, R 1).

(1) Subject to paragraph (2), the power of the High court or a Judge thereof to make, in relation to a matter pending before a court or tribunal in a place outside the jurisdiction, orders for the examination of witnesses and for attendance and for production of documents and to give directions may be exercised by the RegistraR

(2) The Registrar may not make such an order if the matter in question is a criminal matteR

2. Application for order (O. 66, R 2).

(1) Subject to paragraph (3) and rule 3, an application for an order under rule 1 shall be made ex parte by a person duly authorized to make the application on behalf of the court or tribunal in question and shall be supported by affidavit.

(2) There shall be exhibited to the affidavit in support the letter of re

ORDER 67 Reciprocal enforcement of judgments

1. Powers under relevant Act exercisable by Judge or Registrar (O. 67, R 1). 

The powers conferred on the High court by the Reciprocal Enforcement of Judgments Act 1958 [Act 99] , which is referred to as "the Act" in this Order, may be exercised by a Judge in Chambers and the RegistraR

2. Application for registration (O. 67, R 2). 

An application under section 4 of the Act in respect of a judgment obtained in a superior court of the country in the First Schedule thereto to have the judgment registered in the High court shall be made by an originating summons.

3. Evidence in support of application (O. 67, R 3). 

(1) An application for registration shall be supported by an affidavit

(a) exhibiting the judgment or a verified or certified or otherwise duly au

ORDER 68 (There is no Order 68)

(THERE IS NO ORDER 68)

ORDER 69 Arbitration proceedings

1. Interpretation (O. 69, R 1).

(1) In this Order:

(a) "the 1952 Act" means the Arbitration Act 1952 [Act 93] ; and

(b) "the 2005 Act" means the Arbitration Act 2005 [Act 646] .

(2) This Order applies to proceedings in the High court.

2. Claims under the 2005 Act (O. 69, R 2). 

(1) In this Order, "arbitration claim" means any application to the court under the 2005 Act, including a claim to:

(a) appoint an arbitrator under subsection 13(7) of the 2005 Act;

(b) decide on the challenge of an arbitrator under subsection 15(3) of the 2005 Act;

(c) decide on the termination of the mandate of an arbitrator under subsection 16(2) of the 2005 Act;

(d) appeal against the ruling of the arbitral tribunal on juris

ORDER 69A ADJUDICATION PROCEEDINGS

(1) In this Order, "Act" means the Construction Industry Payment and Adjudication Act 2012 [Act 746] .

(2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act.

(3) This Order applies to proceedings in the High court.

[Ins. by P.U.(A) 24/2018]

(1) An application to which this Order applies may be made by originating summons in Form 5 which shall (a) state in its intitulement any provision of these rules and any provision of the Act under which the court is being moved;

(b) include a concise statement of (i) the remedy claimed; and (ii) any question on which the applicant seeks the decision of the court;

(c) state the grounds in support of the originating summons;

(d) show that any statutory requirements have been met;

(e) specify the section of the Act under which the application is made;

(f) specify the respondents on whom the originating summons is to be served, s

ORDER 70 Admiralty proceedings

1. Application and interpretation (O. 70, R 1). 

(1) This Order applies to Admiralty causes and matters, and the other provisions of these rules apply to those causes and matters subject to the provisions of this OrdeR

(2) In this Order:

"Sheriff's account" means the account which is maintained pursuant to Order 90, rule 18, and includes the bank account maintained in the name of the Sheriff;

"caveat book" means the book kept in the Registry in which caveats issued under this Order are entered;

"ship" includes any description of vessel used in navigation;

"caveat against release and payment" means a caveat entered in the caveat book under rule 13;

"caveat against arrest" means a caveat entered in the caveat book under rule 5;

"action in rem " means an Admiralty action in rem ;

"limitation action" means an action by ship owners or other person

ORDER 71 Non-contentious probate proceedings

1. Application (O. 71, R 1).

These rules apply to non-contentious probate proceedings subject to the following rules of this OrdeR

2. Interpretation (O. 71, R 2).

In this rules, unless the context otherwise requires:

"Act" means the Probate and Administration Act 1959 [Act 97] ;

"gross value", in relation to any estate, means the value of the estate without deduction for debts, encumbrances, funeral expenses or estate duty;

"District Registry" means the respective office of any Assistant Registrar as provided under subsection 77A(2) of the Act;

"Principal Registry" means the Principal Registry in Kuala Lumpur or the Principal Registry in Kuching, as the case may be;

"grant" means a grant of probate or grant of letters of administration, as the context requires;

[

ORDER 72 Contentious probate proceedings

1. Application and interpretation (O. 72, R 1).

Cases Referred

 

(1) This Order applies to probate causes and matters and the other provisions of these rules apply to those causes and matters subject to the provisions of this OrdeR

(2) In these rules,   "probate action"  means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronoun

ORDER 73 Proceedings by and against the Government

1. Application and interpretation (O. 73, R 1). 

(1) These rules apply to civil proceedings to which the Government is a party subject to the following rules of this OrdeR

(2) In this Order:

"order" includes a judgment, decree, rule, award or declaration;

"civil proceedings by the Government", "civil proceedings against the Government" and "civil proceedings by or against the Government" have the same respective meanings as in Part III of the Government Proceedings Act 1956;

"civil proceedings to which the Government is a party" has the same meaning as it has for the purposes of Part v.of the Government Proceedings Act 1956, in accordance with subsection 2(3) of that Act;

"order against the Government" means any order (including an order for costs) made in any civil proceedings by or against the Government, or in connection with any arbitration to which the Govern

ORDER 74 Debtors Act 1957

1. Application and interpretation (O. 74, R 1). 

(1) These rules apply to proceedings under the Debtors Act 1957 subject to the following rules of this Order and the rules under Order 48 as may be applicable.

(2) In this Order:

"the Act" means the Debtors Act 1957;

"judgment" includes any order for the payment of money.

Arrest of judgment debtor

2. Application under section 6 (O. 74, R 2). 

An application for an order of arrest under section 6 of the Act shall be made ex parte by notice of application supported by an affidavit to a Judge in Chambers, unless the court otherwise directs.

3. Form of order of arrest (O. 74, R 3).

An order for arrest under section 6 of the Act shall be in Form 171.

3A. Wh

ORDER 75 Distress Act 1951

1. Application and interpretation (O. 75, R 1).

(1) These rules apply to proceedings under the Distress Act 1951 subject to the following rules of this OrdeR

(2) In this Order:

"Act" means the Distress Act 1951;

"landlord" and "tenant" have the respective meanings assigned to them by section 2 of the Act.

2. Application for writ of distress (O. 75, R 2). 

(1) Every application for a writ of distress shall be made ex parte by originating summons supported by affidavit in Form 184.

(2) Where the application is made by a duly authorized agent of the landlord, he shall produce his written authority in Form 185.

3. Writ of distress (O. 75, R 3). 

A writ of distress shall be in Form 186.

4. Notice of seizure (O. 75, R 4). 

ORDER 76 Disability

1. Interpretation (O. 76, R 1). 

In this Order:

"the Act" means the Mental Health Act 2001 [Act 615] ;

"person under disability" means a person who is a minor or a patient;

"patient" means a mentally disturbed person within the meaning of the Act.

1A. Application for leave to institute proceedings (O. 76, R 1A). 

(1) The jurisdiction of the High court to grant leave pursuant to the Mental Health Act 2001 to bring proceedings against a person may be exercised only by a High court Judge.

(2) The application shall be supported by an affidavit setting out the grounds on which such leave is sought and any facts necessary to substantiate those grounds.

2. Person under disability shall sue by litigation representative (O. 76, R 2). 

(1) A person under d

ORDER 77 Partners

1. Action by and against firms within jurisdiction (O. 77, R 1). 

Subject to the provisions of any written law, any two or more persons claiming to be entitled, or alleged to be liable, as partners in respect of a cause of action and carrying on business within the jurisdiction may sue or be sued, in the name of the firm, if any, of which they were partners at the time when the cause of action accrued.

2. Disclosure of partners' names (O. 77, R 2). 

(1) Any defendant to an action brought by partners in the name of a firm may serve on the plaintiffs or their solicitor a notice requiring them or him forthwith to furnish the defendant with a written statement of the names and places of residence of all the persons who were partners in the firm at the time when the cause of action accrued and if the notice is not complied with the court may order in Form 190 the plaintiffs or thei

ORDER 78 Defamation actions

1. Application (O. 78, R 1).

These rules apply to actions for libel or slander subject to the following rules of this OrdeR

2. Endorsement of claim in libel action (O. 78, R 2). 

(There is no rule 2)

3. Obligations to give particulars (O. 78, R 3). 

(1) Where in an action for libel or slander the plaintiff alleges that the words or matters complained of were used in a defamatory sense other than their ordinary meaning, he must give particulars of the facts and matters on which he relies in respect of such sense.

(2) Where in an action for libel or slander the defendant alleges that, in so far as the words complained of consist of statements of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or p

ORDER 79 Moneylenders’ actions

1. Application and interpretation (O. 79, R 1).

(1) These rules apply to a moneylender's action subject to the following rules of this OrdeR

(2) In these rules:

"moneylender" has the meaning assigned to it under section 2 of the Moneylenders Act 1951 [Act 400] ;

"moneylender's action" means an action for the recovery of money lent by a moneylender or for the enforcement of any agreement or security relating to money so lent, being an action brought by the lender or an assignee.

2. Endorsement of writ (O. 79, R 2).

Before a writ beginning a moneylender's action is issued it shall be endorsed with a statement that at the time of the making of the loan or contract or the giving of the security in question the lender was licensed as a moneylendeR

3. Particulars to

ORDER 80 Administration and similar actions

1. Interpretation (O. 80, R 1). 

In this Order, "administration action" means an action for the administration under the direction of the court of the estate of a deceased person or for the execution under the direction of the court of a trust.

2. Determination of questions without administration (O. 80, R 2). 

(1) An action may be brought for the determination of any question or for any relief which could be determined or granted, as the case may be, in an administration action and a claim need not be made in the action for the administration or execution under the direction of the court of the estate or trust in connection with which the question arises or the relief is sought.

(2) Without prejudice to the generality of paragraph (1), an action may be brought for the determination of any of the following questions:

ORDER 81 Actions for specific performance, summary judgment

1. Application by plaintiff for summary judgment (O. 81, R 1). 

(1) In an action begun by writ endorsed with a claim:

(a) for specific performance of an agreement (whether in writing or not) for the sale, purchase or exchange of any property, or for the grant or assignment of a lease of any property, with or without an alternative claim for damages;

(b) for rescission of such an agreement; or

(c) for the forfeiture or return of any deposit made under such an agreement,

the plaintiff may, on the ground that the defendant has no defence to the action, apply to the court for judgment.

(2) An application may be made against a defendant under this rule whether or not he has entered an appearance in the action.

2. Manner in which application under rule 1 shall be made (O. 81, R 2). 

(1) An appli

ORDER 82 Debenture holders’ action: Receiver’s register

1. Receiver's register (O. 82, R 1). 

Every receiver appointed by the court in an action to enforce a registered debenture or registered debenture stock shall, if so directed by the court, keep a register of transfers of, and other transmissions of title to, such debentures or stock (which is referred to as the "receiver's register" in this Order).

2. Registration of transfers (O. 82, R 2).

(1) Where a receiver is required by rule 1 to keep a receiver's register, then, on the application of any person entitled to any debentures or debenture stock in accordance with any transfer or other transmission of title, and on production of such evidence of identity and title as the receiver may reasonably require, the receiver shall, subject to the following provisions of this rule, register the transfer or other transmission of title, and on production of such evidence

ORDER 83 Charge actions

1. Application and interpretation (O. 83, R 1). 

(1) This Order applies to any action (whether begun by writ or originating summons) by a chargee or chargor or by any person having the right to foreclose or redeem any charge, being an action in which there is a claim for any of the following reliefs:

(a) payment of moneys secured by the charge;

(b) sale of the charged property;

(c) foreclosure;

(d) delivery of possession (whether before or after foreclosure or without foreclosure) to the chargee by the chargor or by any other person who is or is alleged to be in possession of the property;

(e) redemption;

(f) reconveyance of the property or its release from the security;

(g) delivery of possession by the chargee.

(2) In this Order, "charge" includes a legal and an equitable charge.

(3) An actio

ORDER 84 Proceedings relating to infants

1. Applications under Guardianship of Infants Act 1961 (O. 84, R 1).

Where there is pending any action or other proceedings by reason of which an infant is a ward of court, any application under the Guardianship of Infants Act 1961 [Act 351] (which is referred to as "the Act" in this Order), with respect to that infant may be made by notice of application in the proceeding, but except in that case any such application must be made by originating summons.

2. Defendants to summons (O. 84, R 2).

(1) Where the infant with respect to whom an application under the Act is made is not the plaintiff, he shall not, unless the court otherwise directs, be made a defendant to the summons or, if the application is made by notice of application, be served with the notice of application, but, subject to paragraph (2), any other person appearing to be interested in, o

ORDER 85 Bills of Sale Act 1950

1. Rectification of register (O. 85, R 1).

(1) Every application to the court under section 15 of the Bills of Sale Act 1950 [Act 268] , which is referred to as "the Act" in this Order, for an order

(a) that any omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by the Act be rectified by extending the time for such registration; or

(b) that any omission or mis-statement of the name, residence or occupation of any person be rectified by the insertion in the register of his true name, residence or occupation,

shall be made by ex parte originating summons to the Judge.

[Am. by P.U.(A) 232/2012]

(2) Every application for such an order as is described in paragraph (1) shall be supported by an affidavit setting out particulars of the bill of sale and

ORDER 85A .Proceedings arising out of hire-purchase agreements

1. Application (O. 85A, R 1).

These rules apply to proceedings to which this Order applies subject to the following rules of this OrdeR

2. Mode of application under Hire-Purchase Act 1967 (O. 85A, R 2).

An application under the proviso to section 11, 16, 33, 41 or 42 of the Hire- Purchase Act 1967 [Act 212] shall be made by originating summons in Form 191A supported by an affidavit setting out the facts and the grounds on which the application is made.

[Am. by P.U.(A) 286/2012]

3. Particulars to be provided (O. 85A, R 3).

Where the plaintiff's claim is for the recovery of money arising out of a hire-purchase agreement, he shall commence the action by writ and state the following particulars in his statement of claim:

(a) the

ORDER 86 Inheritance (Family Provision) Act 1971

1. Interpretation (O. 86, R 1).

In this Order, "the Act" means the Inheritance (Family Provision) Act 1971 [Act 39]

2. Powers of Courts as to parties (O. 86, R 2).

(1) Without prejudice to its powers under Order 15, the court may at any stage of proceedings under the Act by order direct that any person be added as a party to the proceedings or that notice of the proceedings be served on any person.

(2) Order 15, rule 13 shall apply to proceedings under the Act as it applies to the proceedings mentioned in paragraph (1) of that rule.

3. Affidavit in support to be filed (O. 86, R 3). 

An affidavit in support of an originating summons by which an application under section 3 of the Act is made shall be filed before the first hearing of the originating summons. The applicant in an ex parte originating summ

ORDER 86A. Employment Act 1955

1. Application (O. 86A, R 1).

These rules apply to proceedings under the Employment Act 1955 subject to the following rules of this OrdeR

2. Orders of Director General of Labour (O. 86A, R 2).

Where the Director General of Labour (which is referred to as "the Director General") has made an order under the Employment Act 1955 and it is sought to enforce the order in a Sessions court (which is referred to as "the court" in this Order), he shall submit a certificate of the order and a request in Form 192 for the enforcement of it to the court.

3. Certificate of order (O. 86A, R 3).

(1) The certificate of order shall state:

(a) the number and title of the case in which the order was made;

(b) the date of the orde

ORDER 87 Trade Marks Act 1976

1. Interpretation (O. 87, R 1). 

In this Order:

"the Act" means the Trade Marks Act 1976 [Act 175] ;

"Registrar" means the Registrar of Trade Marks appointed under section 4 of the Act.

2. Application by originating summons (O. 87, R 2). 

An application to the court under the Act shall be begun by originating summons.

3. Appeals by originating summons (O. 87, R 3). 

An appeal to the court under the Act shall be brought by originating summons within one calendar month from the date of decision appealed against.

4. Service of application on parties and Registrar (O. 87, R 4).

All applications to the court under the Act whether by way of appeal or otherwise shall be served on the parties and the

ORDER 88 Companies Act 1965

1. Interpretation (O. 88, R 1). 

In this Order, "the Act" means the Companies Act 1965 [Act 125] .

2. Proceedings (O. 88, R 2). 

Except for the proceedings specified in Appendix C relating to the winding up of companies and capital reduction under the Act, proceedings under the Act shall be commenced by originating summons.

3. Application to be made by originating summons or motion (O. 88, R 3).

(There is no rule 3)

4. Application to be made by motion (O. 88, R 4).

(There is no rule 4)

5. Application to be made by petition (O. 88, R 5).

(There is no rule 5)

6. Entitlement of proceedings (O. 88, R 6).

(There is no rule 6)

ORDER 89 Summary proceedings for possession of land

1. Proceedings to be brought by originating summons (O. 89, R 1). 

Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this OrdeR

2. Forms of originating summons (O. 89, R 2). 

(1) The originating summons shall be in Form 8A and an acknowledgement of service is not required. An originating summons filed under this Order shall include the following note at the end thereof:

" Note : Any person occupying the premises who is not named as a defendant by this originating summons may apply to the court personally or by solicitor to be

ORDER 90 Lodgment in court and payment to sheriff

1. Interpretation (O. 90, R 1).

In this Order:

"bank" means a bank approved by the Accountant General;

"carry over" , in relation to a fund in court, means to transfer the fund or any part thereof from one account to another in the books of the Accountant General;

"interest" means the dividends and interest on all the funds referred to in the heading thereof;

"funds" or "funds in court" means any money, securities, or other investments standing or to be placed to the account of the Accountant General, and includes money placed on deposit;

"ledger credit" means the title of the cause or matter and the separate account opened or to be opened under an order or otherwise in the books of the Accountant General to which any funds are credited or to be credited;

"lodge in court" means pay or transfer into court, or deposit in

ORDER 91 Court fees

1. Court fees (O. 91, R 1).

 

The fees and percentages in Appendix B shall be taken and paid in all causes and matters in the court, provided that:

(a) nothing herein shall affect any fees fixed by any written law not by these rules expressly or impliedly repealed; and

(b) in proceedings by or against a Government or a department of a Government, the Government or the department of the Government, as the case may be, shall not be required to pay any court fees, but in case any decree, order or judgment shall provide that costs be paid by any party to the proceeding to such Government or such department of the Government, as the case may be, the amounts which would have been payable as fees but which for this proviso have not been paid, shall be payable by such party, as, when recovered, shall be paid to the Registry of the

ORDER 92 Miscellaneous

1. Language of documents (O. 92, R 1).

(1) Subject to paragraph (2), any document required for use in pursuance of these rules shall be in the national language and may be accompanied by a translation thereof in the English language, except that the translation for the purpose of Order 11, rule 6(4) and rule 7(1) shall be prepared in accordance with rule 6(5) of that Order:

Provided that any document in the English language may be used as an exhibit, with or without a translation thereof in the national language.

(2) For Sabah and Sarawak, any document required for use in pursuance of these rules shall be in the English language and may be accompanied by a translation thereof in the national language except that the translation for the purpose of Order 11, rule 6(4) and rule 7(1) shall be prepared in accordance with rule 6(5) of that OrdeR

(3) An affidavit prepared in a foreign language sha

ORDER 93 Small claims procedure

1. Application (O. 93, R 1).

(1) This Order shall have effect in proceedings in the Magistrates' court between an individual plaintiff and a defendant.

(2) In this Order:

"an authorized person" means:

(a) a person who is authorized by law to represent a defendant other than a solicitor; or

(b) in a case of a company or organization, a person who serves as a full time paid employee and authorized by a company or organization in which a company or organization is a party;

"plaintiff" means an individual person who is not an agent or assignee of any debt of another person.

[(2) Subs. PU(A) 351/2020:R14]

(3) Order 5, rule 6(2) and Order 12, rule 1(2) are not applicable to this OrdeR

[(3) Ins. PU(A) 351/2020:R14]

2. Limit of claim (O.

ORDER 94 Repeal, savings and transitional provisions

1. Repeal (O. 94, R 1).

The following rules are repealed:

(a) the rules of the High court 1980 [P.U. (A) 50/1980]

(b) the Subordinate Courts rules 1980 [P.U. (A) 328/1980]

2. Exception (O. 94, R 2).

(1) Order 5, rule 1 shall not apply to the proceedings under the written laws listed in Appendix C, except as provided under these rules.

(2) In the event of any inconsistency, the rules under the written laws in Appendix C shall prevail over these rules.

(3) Any application commenced under any written law, other than those listed in Appendix C, which is by way of a mode other than originating summons or writ, shall be treated as having been commenced by way of originating summons and shall b

SCHEDULE 1 APPENDIX A

LIST OF FORMS

      

Form No.	Order	Rule
1.	Order for Consolidation	4	1
2.	Writ	6	1
2A.	Writ (Subordinate Courts) [2A. Ins. PU(A) 28

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