Principle

CIVIL PROCEDURE — Originating Processes — Leave to Issue for Service Out of Jurisdiction — Discretion to Cure Irregularity

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Leave to serve out of jurisdiction may be granted after issue but before service. The test is whether leave would have been granted if sought earlier. If yes, refusing leave is mere technicality. The court should not apply the rule mechanically. The principle promotes substantial…

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