FORM No. 2 : SPECIALLY INDORSED WRIT (O. 2, r. 6).
In the District Court of
No.
of 19
.
Between
A. B.,
Plaintiff,
and
C. D.,
Defendant.
To C. D. of (a)
, (b)
.
This is to command you that within ten days after the service of this writ you enter an appearance in an action against you by A. B. of (a)
, (c)
.
The Plaintiff's claim in the action is set out in the statement of claim overleaf.
The Plaintiff's address for service is (d)
.
And take notice that, in default of your entering an appearance in the manner specified below, the Plaintiff may proceed in the action and judgment may be given in your absence.
Filed and sealed on the (e)
day
of
, 19
.
(Signed)
Registrar.
N.B.-(1) An appearance may be entered either personally or by advocate by delivering to the Registrar at (f)
a memorandum of appearance, and on the same day by delivering at the Plaintiff's address for service a duplicate of such memorandum dated, signed and sealed by the Registrar.
(2) If the Defendant fails to deliver a defence within fourteen days after the last day of the time limited for his appearance, he may have judgment entered against him without notice, unless he has in the meantime been served with a summons for judgment.
(a) Give full address, including street and number of premises, if any.
(b) State Defendant's occupation, if known.
(c) State Plaintiff's occupation.
(d) Give the full name, occupation, and address of a person within the municipal limits of the town or village in which is situated the Registry in which the action is filed, with whom documents intended for Plaintiff may be left.
(e) The date should be filled in by the Registrar.
(f) State the town or village in which is situated the Registry described in (d) above.
N.B.-In drawing up a writ regard should be had to the provisions of Order 2 and the provisions governing statements of claim.
Note for Defendant.-A Defendant who wishes to employ an advocate should bear in mind that, except with the leave of the judge, an advocate cannot enter appearance for him unless he has a retainer in writing in Form 12A given him by the Defendant.
Statement of Claim.
The Plaintiff's claim is
Particulars :
(Signed)
(a) Advocate for Plaintiff.
Examples of Special Indorsements.
A.
The Plaintiff's claim is for the price of goods sold, and delivered.
Particulars :-
| 19
|
-31st December- |
£ s. p. |
|
Balance of account for butcher's meat to this date |
35 10 0 |
| 19
|
--1st January to 31st March- |
|
|
Butcher's meat |
74 5 0 |
|
|
|
|
|
109 15 0 |
| 19
|
-1st February-Paid - |
45 0 0 |
|
|
|
|
Balance due |
£64 15 0 |
|
|
|
(Signed)
B.
The Plaintiff's claim is for money received by he Defendant for the use of the Plaintiff.
Particulars :-
| 19
|
-1st January- |
£ s. p. |
|
To amount of rents of No. 5, Smith Street, collected by the Defendant |
72 10 0 |
|
To deposit on intended sale of Eva Villa |
100 0 0 |
|
|
|
|
Amount due |
£172 10 0 |
|
|
|
(Signed)
C.
The Plaintiff's claim is for money lent by the Plaintiff to the Defendant at his request and which is still due and unpaid.
Particulars :-
| 19
|
To money lent to the Defendant as above and in £ s. p. respect of which the Defendant gave the Plaintiff a bond as follows :- |
£ s. p. |
|
(Copy bond) |
1,000 0 0 |
|
|
|
D.
The Plaintiff's claim is against the Defendant, as maker of a promissory note for £250, dated 1st January, 19....., payable four months after date to (a)
Particulars :-
|
Principal
|
250
|
|
Interest
|
10
|
|
|
|
Amount due
|
£260
|
|
|
(Signed)
E.
The Plaintiff's claim is against the Defendant as the acceptor of a bill of exchange for £200 dated the
day of 19
, drawn by the Plaintiff and accepted by the Defendant payable (on the date thereof, or as may be) at (place of payment) to the order of the Plaintiff which was duly endorsed by the Plaintiff and was presented by the Plaintiff in due course and was dishonoured.
Particulars :-
| Particulars :- |
£ |
|
Principal due |
200 |
|
Interest |
8 |
|
|
|
Amount due
|
£208
|
|
|
(Signed)
F.
The Plaintiff's claim is against the Defendant, as acceptor of a bill of exchange for £400, dated 1st January, 19
, drawn by A. B., payable three months after date to the order of E. F., and endorsed to the Plaintiff.
Particulars :-
| Particulars :- |
£ |
|
Principal due |
400 |
|
Interest |
16 |
|
|
|
Amount due
|
£416
|
|
|
(Signed)
G.
The Plaintiff's claim is against the Defendant A. B. as acceptor, and against the Defendant C. D. as drawer, of a bill of exchange for £500, dated 1st January, 19
, payable three months after date, and endorsed by the Defendant C. D. to the Plaintiff, of the dishonour of which on presentation the Defendant C. D. had notice.
Particulars :-
| Particulars :- |
£ |
|
Principal |
500 |
|
Interest |
20 |
|
|
|
Amount due
|
£520
|
|
|
(Signed)
H.
The Plaintiff's claim is against the Defendant as drawer of a bill of exchange for £600 dated 1st March, 19
, drawn upon A. B., payable to Plaintiff three months after date, which was duly presented for payment and dishonoured, but A. B. had no effects of the Defendant, nor was there any consideration for the payment of the said bill by the said A. B.
Particulars :-
| Particulars :- |
£ |
|
Principal |
400 |
|
Interest |
16 |
|
|
|
Amount due
|
£416
|
|
|
(Signed)
I.
The Plaintiff's claim is for principal and interest due upon the Defendant's bond to the Plaintiff, dated sit January, 19
, conditioned for payment of £100 on the 26th December, 19
.
Particulars :-
| Particulars :- |
£ |
|
Principal |
50 |
|
Interest |
2 |
|
|
|
Amount due
|
£52
|
|
|
(Signed)
J.
The Plaintiff's claim is for the price of goods sold and delivered by the Plaintiff to E. F., under the following guarantee :
2nd February, 19
.
Sir,
In consideration of your supplying goods to E. F., I undertake to see you paid.
Yours, etc.
C. D. (Defendant).
To Mr. A. B. (Plaintiff).
| Particulars :- |
£ s. p. |
|
19
- 25th March, 55 tons of coal at 20s. |
55 0 0 |
|
|
|
Amount due
|
£55 0 0
|
|
|
(Signed)
K.
The Plaintiff's claim is against Defendant A. B. as principal, and against the Defendant C. D. as surety, for the price of goods sold and delivered by the Plaintiff to A. B. on the guarantee by C. D., dated the 2nd of February, 19
| Particulars :- |
£ s. p. |
| 19
- |
-2nd February-Goods |
47 15 0 |
|
-3rd March-Goods |
105 14 0 |
|
-17th March-Goods |
14 12 0 |
|
-5th April-Goods |
34 0 0 |
|
|
|
|
Amount due
|
£202 1 0
|
|
|
|
(Signed)
L.
Action for Recovery of Land, etc.
The Plaintiff is entitled to the possession of a house, No. 5 Ledra Street, in the town of Nicosia, which was let by the Plaintiff to the Defendant for the term of three years from the 29th of September, 19
, which term has expired ; or tenant from year to year from the 29th September, 19
, which said tenancy was duly determined by notice to quit expiring on the 29th of September, 19
, or which term has become liable to forfeiture for non-payment of £
for one quarter's (or as may be) rent due and payable the
day of
, 19
.
The Plaintiff claims possession and £
for the rent aforesaid.
(Signed)