The Rules of the Supreme Court (Amendment No. 2) 1977

6.  Order 113 shall be amended as follows:—

(1) For paragraph (2) of rule 2 there shall be substituted the following paragraph:—

“(2) Where the person claiming possession does not know the name of every person occupying the land for the purpose of making him a defendant, the originating summons shall be in Form No. 11A in Appendix A.”

(2) For paragraph (c) of rule 3 there shall be substituted the following paragraph:—

“(c)where the summons is in Form No. 11A, that he does not know the name of any person occupying the land who is not named in the summons.”

(3) In rule 4(1) for the words from the beginning to “originating summons” there shall be substituted the words “Where any person in occupation of the land is named in the originating summons, the summons”.

(4) For rule 4(2) there shall be substituted the following paragraph:—

“(2) A summons in Form No. 11A shall, in addition to being served on the named defendants (if any) in accordance with paragraph (1), be served, unless the Court otherwise directs, by—

(a)affixing a copy of the summons to the main door or other conspicuous part of the premises, and

(b)if practicable, inserting through the letter-box at the premises a copy of the summons enclosed in a sealed envelope addressed to “the occupiers.”.”

(5) In rule 6(1) for the words “7 clear days” there shall be substituted the words “5 clear days”.

(6  ) ) For paragraph (1) of rule 7 there shall be substituted the following paragraph:—

“(1) Order 45, rule 3(2), shall not apply in relation to an order for possession under this Order but no writ of possession to enforce such an order shall be issued after the expiry of three months from the date of the order without the leave of the Court.

An application for leave may be made ex parte unless the Court otherwise directs.”