RULES OF THE SUPREME COURT 1971 - ORDER 7 RULE 4

RULES OF THE SUPREME COURT 1971 - ORDER 7 RULE 4

4 .         Unserved writs may be struck out

        (1)         If at any time after 6 months after a writ is issued it appears to the Court that — 

            (a)         no affidavit of service of the writ has been filed by the plaintiff; and

            (b)         no appearance has been entered to the writ,

                the Court may, by notice, direct that a hearing be held, at least 7 days after the direction is made, where the plaintiff must show cause why the writ should not be struck out.

        (2)         If at the hearing the Court is not satisfied that the writ has not been served for good reason the Court may — 

            (a)         strike out the writ; or

            (b)         make directions as to the service of or the time for serving the writ.

        (3)         On being struck out, a writ and any writ that is concurrent with it cease to be valid.

        [Rule 4 inserted: Gazette 28 Oct 1996 p. 5674‑5; amended: Gazette 16 Aug 2017 p. 4410.]