ORDER
5
MODE OF BEGINNING
CIVIL PROCEEDINGS
Mode of beginning civil proceedings (O. 5, r. 1)
1.
Except
in the case of proceedings which by these Rules or by or under any
written law are required to be begun by any specified mode of commencement,
proceedings may be begun either by writ or by originating summons
as the plaintiff considers appropriate.
Proceedings which must be begun by writ (O. 5, r.
2)
2.
Proceedings
in which a substantial dispute of fact is likely to arise shall
be begun by writ.
Proceedings which must be begun by originating summons
(O. 5, r. 3)
3.
Proceedings
by which an application is to be made to the Court or a Judge thereof
under any written law must be begun by originating summons.
Proceedings which may be begun by writ or originating
summons (O. 5, r. 4)
4.
—(1)
[
Deleted by S 806/2005]
(2)
Proceedings —(a)
in which the sole or principal question
at issue is or is likely to be, one of the construction of any written
law or of any instrument made under any written law, or of any deed,
will, contract or other document, or some other question of law;
or
(b)
in which there is unlikely to be any
substantial dispute of fact,
are appropriate to be begun by originating
summons unless the plaintiff intends in those proceedings to apply
for judgment under Order 14 or for any other reason considers the
proceedings more appropriate to be begun by writ.
Proceedings to be begun by motion or petition (O.
5, r. 5)
5.
[
Deleted by S 806/2005]
Right to sue in person (O. 5, r. 6)
6.
—(1)
Subject
to paragraph (2) and to Order 76, Rule 2, any person (whether or not
he sues as a trustee or personal representative or in any other
representative capacity) may begin and carry on proceedings in the
Court by a solicitor or in person.
(2)
Except
as expressly provided under any written law or any Practice Directions for
the time being issued by the Registrar, a body corporate may not
begin or carry on any such proceedings otherwise than by a solicitor.
S 228/2007, wef 01/07/2007