RULES OF THE SUPREME COURT 1971 - ORDER 56 RULE 5
RULES OF THE SUPREME COURT 1971 - ORDER 56 RULE 5
5 . Procedure on application
(1) The applicant and
any person served with an application are entitled to be heard on it.
(2) On an application,
the Court may do one or more of the following —
(a) if
the application is made outside the limitation period for the application,
give or refuse the applicant leave to proceed with the application;
(b)
order the applicant to serve the application on a person whom the Court
considers might have an interest in the challenged decision, the challenged
conduct or the outcome of the application;
(c)
order the applicant or any other person to file an affidavit as to any facts
material to the application, the challenged decision or the challenged
conduct;
(d) give
the applicant leave to file and rely on an affidavit (whether or not made by
the applicant);
(e)
allow a person not served with the application to be heard on it;
(f) give
the applicant leave to require a person served with the application to give
discovery under Order 26;
(g) give
the applicant leave to require a person served with the application to answer
interrogatories under Order 27;
(h)
allow the applicant to amend the application;
(i)
adjourn the hearing of the application;
(j)
refuse the whole or a part of the application if it has no reasonable prospect
of succeeding;
(k)
grant or refuse the application;
(l) if
it considers the remedy applied for would be inadequate, grant any other
remedy.
(3) Subrule (2) does
not limit the operation of Order 4A or the powers of the Court when dealing
with an application.
(4) A single judge
dealing with an application may, without deciding it, order it be heard by the
Court of Appeal.
[Rule 5 inserted: Gazette 17 Dec 2013
p. 6233‑4.]