ORDER 1 : PRELIMINARY AND INTERPRETATION

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1. These Rules of Court may be cited as the Civil Procedure Rules.

2. In these Rules, unless repugnant to the context-

"action"  means a civil proceeding commenced by writ or in such other manner as may be prescribed by any law or Rules of court;

"cause"  includes any action or other original proceeding between a plaintiff and defendant;

"the Court"  means the court having jurisdiction or power under the law for the, time being in force, and includes a judge having such jurisdiction or power;

"days"  does not mean clear days unless expressly stated to be such;

"defendant"  includes any person served with any writ of summons or process, or served with notice of, or entitled to attend any proceedings;

"Judge"  includes a Judge of the Supreme Court, a President of a District Court, a District Judge, and a Magistrate, according to the context in which it occurs and in so far as he has jurisdiction or power under the law for the time being in force;

"matter"  includes every proceeding in court not in a cause;

"office copy"  means a sealed copy or translation of any document lodged, filed or kept in, or issued out of a court registry, certified to be a true copy or translation by the registrar of that registry;

"originating summons"  means any summons other than a, summons in a pending cause or matter;

"personal representative"  means the executor or administrator of the deceased's estate or, if there is none, his heirs as representing the estate;

"plaintiff"  includes every person asking any relief (other than a defendant asking relief by way of counter-claim) against any other person by any form of proceeding, whether the proceeding is by action, petition, motion, summons or otherwise;

"the Registrar"  means the registrar of the court and includes an assistant registrar attached to the court, and in the case of a registry established in a place other than the principal town of a district, a judge or (save in regard to the taxation of costs) the clerk in charge of such registry;

"sealed"  means sealed with a court seal;

"specially indorsed" , in the case of a writ of summons, means a writ of summons indorsed pursuant to Order 2, Rule 6.

3. An application under section 37 of the Partnership Law, Cap. 196, for dissolution of partnership shall be by way of action.

4. Wherever under these Rules anything may be done by a person it may, unless the context otherwise requires, or the Court otherwise directs, be done by an advocate acting with such person's authority and on his behalf.

5. The forms in Appendix X shall, where applicable, be used with such variations as may be necessary to suit the case, and where not applicable, forms of the like character may be used.