Order 53 — Summons to Proceed With Accounts and Inquiries After Judgement

Every judgment 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 10 days after such judgement or order shall have been entered or filed, but where such party defaults, any other party to the cause or matter shall be at liberty to bring in same, and such party shall have the prosecution of such judgement or order, unless the Judge shall otherwise direct.

Upon a copy of the judgement or order being left, a summons shall be issued to proceed with the accounts or inquiries as directed, and on the return date of such summons, the Judge, if satisfied by proper evidence that all necessary parties have been served with notice of the judgment or order, shall thereupon give directions as to:

(i) the manner in which each of the accounts and inquires is to be prosecuted;

(ii) the evidence to be adduced in support thereof;

(iii) the parties who are to attend on the several accounts and inquiries; and

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 shall deem fit, to the party entitled to object thereto, and the party so entitled to object shall be directed to deliver to the other party a statement in writing of the objection, if any, within 8 days after the delivery of such copy, and the proceeding shall be adjourned until after the expiration of the said period of 8 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 judgment or order upon any party cannot be made, the Judge may, if the Judge shall deem fit, order otherwise in lieu of such service.

If, at the hearing of summons to proceed, it shall appear that all necessary parties are not parties to the action or have not been served with notice of judgement or order, directions may be given for advertisement for creditors, and for leaving the accounts in chambers. Adjudication on creditors’ claims and the accounts are not to be proceeded with, and no other proceedings is to be taken, except for the purpose of ascertaining the parties to be served, until all necessary parties shall have been served and until directions shall have been 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 statement 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.

At the time any summons to proceed is obtained, an entry thereof shall be made in the Summons Book stating:

(a) the date on which the summons was issued;

(b) the name of the cause or matter, and

(c) by what party;

(d) the purpose for obtaining such summons; and

(e) the return date for such summons.