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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 78.03

Claims

    (1)     In this Rule "administration proceeding" means a proceeding for the administration of the estate of a deceased person or the execution of a trust under the direction of the Court.

    (2)     Where the judgment in an administration proceeding directs the taking of an account of debts or other liabilities of a deceased person, the Court may—

        (a)     direct a party

              (i)     to examine the claims of persons claiming to be creditors of the estate and determine, so far as the party is able, to which of the claims the estate is liable; and

              (ii)     determine, so far as the party is able, what are the other debts or liabilities of the deceased; and

        (b)     direct a party to file an affidavit stating the party's conclusions and reasons.

    (3)     Where the judgment in an administration proceeding directs an inquiry for unascertained persons entitled, the Court may—

        (a)     direct a party

              (i)     to examine the claims of persons claiming to be entitled and determine, so far as the party is able, which of them are valid; and

              (ii)     determine, so far as the party is able, what other persons are entitled; and

        (b)     direct a party to file an affidavit stating the party's conclusions and reasons.

    (4)     Where the party directed by the Court under paragraph (2) or (3) to examine claims is not the personal representative or trustee concerned, then, unless the Court otherwise orders, that personal representative or trustee shall join with the party so directed in making the affidavit.

    (5)     A copy of the affidavit under paragraph (2)(b) or (3)(b) shall be served on every other party not less than seven days before the time appointed by the Court for adjudicating on claims.

    (6)     For the purpose of adjudicating on claims the Court may—

        (a)     direct any claim to be investigated in such manner it thinks fit;

        (b)     require any claimant to attend and prove the claimant's claim or to furnish further particulars or evidence of it; or

        (c)     allow any claim with or without proof.

    (7)     The Court may give directions for service on persons claiming to be creditors of notice of the result of the adjudication.

    (8)     This Rule, with any necessary modification, shall apply where the judgment in any proceeding other than an administration proceeding directs that an account of debts or other liabilities be taken or that an inquiry be made.



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