Order 50 — Summons to Proceed With Account and Inquiries After Judgement

Every Judgement or Order directing accounts or inquiries to be taken or made, shall be brought to a Judge by the party entitled to prosecute the same within ten days after such Judgement or Order shall have been entered or filed and in default thereof, any other party to the cause or matter shall be at liberty to bring in the same and such party shall have the prosecution of such Judgement or Order unless the Judge shall otherwise direct.

(1) Upon a copy of the Judgement or Order being left, a Summons shall be issued to proceed with the accounts or inquiries as directed.

(2) On the return date of the Summons, the Judge shall, if satisfied that all necessary parties have been served with notice of the Judgement or Order, give directions relating to the:
(a) manner in which each of the accounts and inquiries is to be prosecuted;
(b) evidence to be adduced in support of such account and inquiries;
(c) parties who are to attend on the several accounts and inquiries; and
(d) time within which each proceeding is to be taken and day appointed for the further attendance of the parties.

(3) The directions may subsequently be varied by addition thereto or otherwise, as the Judge may deem necessary.

(1) Where by a Judgement or Order, a deed is directed to be settled by a Judge in case the parties differ, a Summons to proceed shall be issued and upon the return of the Summons, the party entitled to prepare the draft deed shall be directed to deliver a copy thereof, within such time as the Judge may deem fit, to the party entitled to object thereto.

(2) The party so entitled to object shall be directed to deliver to the other party a statement in writing of his objections within eight days after the delivery of such copy, and the proceedings shall be adjourned until after the expiration of the said period of eight days.

Where, upon the hearing of the Summons to proceed, it appears to the Judge that by reason of absence or for any other sufficient cause, the service of notice of the Judgement or Order upon any party cannot be made, the Judge may, if he shall deem fit, order any substituted service or notice by advertisement or otherwise in lieu of such service.

(1) Where, at the hearing of the Summons to proceed, it appears that all necessary parties are not parties to the action or have not been served with notice of the Judgement or Order, directions may be given for advertisement to creditors and for leaving the accounts in Chambers.

(2) No proceedings or adjudication on creditors’ claims and the accounts shall be taken or continued except for the purpose of ascertaining notice of the parties to be served, until all necessary parties have been served and directions given as to the parties who are to attend the proceedings.

Copies, abstracts, extracts of or from accounts, deeds or other documents and pedigrees and concise statements shall, if directed, be supplied for the use of the Judge and where so directed, copies shall be handed over to the other parties: Provided that no copies shall be made of deeds or documents where the originals can be brought in unless the Judge shall otherwise direct.

Where Summons to proceed is obtained, an entry shall be made in the Summons Book stating the:
(a) date and time on which the Summons is issued;
(b) name of the cause or matter;
(c) party issuing the Summons and the purpose for obtaining such Summons; and
(d) return date for such Summons.