Θεσμοί Πολιτικής Δικονόμίας

1. Every summons by a separate judgment creditor of a partner for an order charging his interest in the partnership property and profits under section 25 of the Partnership Law, Cap. 196, or for such other orders or directions as are thereby authorized to be made or given, shall be served on the judgment debtor and on his partners, or such of them as are in Cyprus; and such service shall be good service on all the partners, and all orders made on such summons shall be similarly served.

2. Every application which shall be made by any partner of the judgment debtor under Section 25 of the Partnership Law, Cap. 196, shall be made by summons, and such summons shall be served on the judgment creditor and on the judgment debtor, and on such of the other partners as shall not concur in the application and as shall be in Cyprus, and such service shall be good service on all the partners and all orders made on such summons shall be similarly served.

3. In every case in which an application is made for the appointment of a receiver under Section 25 (2) of the Partnership Law, Cap. 196, the Court or a Judge, in determining whether it is just or convenient that such appointment should be made, shall have regard to the amount of the debt claimed by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs of the appointment, and may, if they or he shall so think fit, direct any inquiries on these or other matters before making the appointment.

4. Except as provided in the next following Rule, where an order is made directing a receiver to be appointed, unless otherwise ordered, the person to be appointed shall first give security by recognizance or otherwise as the Court or a Judge may direct in a form approved by them or him, and with or without sureties as they or he may direct, to be taken before the Registrar, duly to account for what he shall receive as such receiver, and to pay the same as the Court or Judge shall direct; and the person so to be appointed shall, unless otherwise ordered, be allowed a proper salary or allowance.

5. Where any judgment or order is pronounced or made in Court appointing a person therein named to be receiver, the Court or a Judge may adjourn to chambers the cause or matter then pending, in order that the person named as receiver may give security as in the last preceding Rule mentioned, and may thereupon direct such judgment or order to be drawn up.

6. When a receiver is appointed with a direction that he shall pass accounts, the Court or Judge shall fix the days upon which he shall (annually, or at longer or shorter periods) leave and pass such accounts, and also the days upon which he shall pay the balances appearing on the accounts so left, or such part thereof as shall be certified as proper to be paid by him. And with respect to any such receiver as shall neglect to leave and pass his accounts and pay the balances thereof at the times so to be fixed for that purpose as aforesaid, the Judge before whom any such receiver is to account may from time to time, when his subsequent accounts are produced to be examined and passed, disallow the salary therein claimed by such receiver, and may also, if he shall think fit, charge him with interest at the rate of four per centum per anenum upon the balances so neglected to be paid by him during the time the same shall appear to have remained in the hands of any such receiver.

8. Every receiver shall leave in the office of the Registrar his account, together with an affidavit verifying the same. An appointment shall thereupon be obtained by the plaintiff or person having the conduct of the cause for the purpose of passing such account.

9. In case of any receiver failing to leave any account or affidavit, or to pass such account, or to make any payment, or otherwise, the receiver or the parties, or any of them, may be required to attend at chambers to show cause why such account or affidavit has not been left, or such account passed, or such payment made, or any other proper proceeding taken, and thereupon such directions as shall be proper may be given at chambers or by adjournment into Court, including the discharge of any receiver and appointment of another, and payment of costs.