Form 6-Originating Summons (Stating appointment for hearing)

Form 6-Originating Summons (Stating appointment for hearing)

Form 6.

O.4, r.26

ORIGINATING SUMMONS

(Stating appointment for hearing)

(heading as in Form 1 or Form 3)

The plaintiff claims-

1. An order making provision for his maintenance, education and advancement in life pursuant to (Act) out of the estate of (name) late of (place) (occupation) deceased.

2. An order that (or as required) (or)

1. A declaration that

2. An order that (or as required) (or)

The plaintiff claims an order that (where there is defendant, add the following-

To the defendant:

If there is no attendance before the Court by you or by your counsel or solicitor at the time and place specified below, the proceedings may be heard and you will be liable to suffer judgement or an order against you in your absence.

Before any attendance at that time you must give notice of your intention to defend this claim.)

Time: . . . , 20..., at . . . a.m./p.m.

Place: (address of Court)

(Where the time for service under Order 4 Rule 26(3) has been abridged, add -

The time before which this summons is to be served has been abridged by the Court to. . . a.m./p.m. on . . . , 20..., or as the case may require).

(Where there is no defendant, add -

Time and place for hearing

Time: . . . , 209..., at . . . a.m./p.m.

Place: (address of Court)) continue -

Plaintiff: (name, address and occupation) (a minor)

(Next friend: (name, address and occupation))

Solicitor: (name, address and telephone number)

Solicitor's agent: (name, address and telephone number)

Plaintiff's address for service: (Order 6 Rule 7)

Address of Registry:

(Where there is a defendant, add -

Note: The defendant(s) may give notice of his (their) intention to defend in person or by a solicitor either -

(1) by filing it in the appropriate form, duly completed, at the Registry; or

(2) by sending it to that office by post.)

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