Cap. 12 Art. 156Drawing up and contents of sworn application.

(1) The sworn application shall be prepared by the plaintiff and shall contain -

(a) a statement which gives in a clear and explicit manner the subject of the cause in separate numbered paragraphs, in order to emphasise his claim and also declare which facts he was personally aware of;

(b) the cause of the claim;

(c) the claim or claims, which shall be numbered;.and

(d) in every sworn application, the following notice shall be printed in clear and legible letters immediately under the Court heading: “Whosoever is in receipt of this sworn application in his regard shall file a sworn reply within twenty (20) days from the date of service thereof, which is the date of receipt. Should no written sworn reply be filed in terms of the law within the prescribed time, the Court shall proceed to adjudicate the matter according to law. It is for this reason in the interest of whosoever receives this sworn application to consult an advocate without delay that he may make his submissions during the hearing of the case.”.

(2) Such documents as may be necessary in support of the claim shall be produced together with the sworn application.

(3) The sworn application shall be confirmed on oath before the registrar or legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance.

(4) The plaintiff shall together with the declaration also give the names of the witnesses he intends to produce in evidence stating in respect of each of them the facts and proof he intends to establish by their evidence.

(5) Where several actions are brought together as provided in article 161(3), (4) and (5), it shall at least be one of the plaintiffs who shall confirm on oath before the registrar or the legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance, and the provisions of sub-

article (1)(a) shall apply.

(6) The application shall be served on the defendant.

(7) The registrar shall not receive any application which does not satisfy the elements of sub-article (1) and the court shall not allow any witness to be produced unless his name shall have been given together with the application.

If the necessity of producing a witness arises at any time after the filing of the sworn application or if the opposite party gives his consent in the manner prescribed in article 150(1)(c), or if the court deems it in the interest of justice to hear a particular witness, the court may allow such witness to be heard.

(8) When the proof intended to be established by each witness is not stated or adequately stated in the declaration, the court shall on the first day appointed for the pretrial hearing order the plaintiff to indicate adequately the proof he intends to establish by each witness within a time to be fixed by the court.

156A. Repealed by: XXIV.1995.68.