[Form 1 subst LN 67 of 1993 r 10, effective 9 April 1993]
IN THE HIGH COURT OF FIJI NO OF 20
BETWEEN Plaintiff
to THE DEFENDANT [Name]
of [address]
THIS WRIT OF SUMMONS has been issued against you by the above named Plaintiff in respect of the claim set out overleaf.
Within 14 days after the service of this Writ on you, counting the day of service, you must either satisfy the claim or return to the registry mentioned below the accompanying ACKNOWLEDGMENT OF SERVICE stating therein whether you intend to contest the proceedings.
If you fail to satisfy the claim or return the ACKNOWLEDGMENT within 14 days or if you return the ACKNOWLEDGMENT without stating therein an intention to contest the proceedings, the Plaintiff may proceed with the action and judgment may be entered against you forthwith without further notice.
Issued from the High Court registry at [places]
this day of 20
..................................
Solicitor for the Plaintiff
NOTE — This writ may not be served more than 12 calendar months after the above date unless renewed by order of the Court.
DIRECTIONS FOR ACKNOWLEDGING SERVICE
The Defendant must acknowledge service in person or by a solicitor by handing in the accompanying form, duly completed, at the High Court registry at [place].
Note — Where the writ is indorsed with or served with a statement of claim, if the Defendant acknowledges service, then unless a summons for judgment is served on him or her in the meantime, he or she must also serve a defense on the solicitor for the plaintiff within 14 days after the last day of the time limited for acknowledging service otherwise judgment may be entered against him or her without notice.
INDORSEMENT OF CLAIM (1)
STATEMENT OF CLAIM (1)
And, where the claim is for a debt or liquidated demand the sum of $50 (or such sum as may be allowed on taxation) for costs, and also, if the plaintiff obtains an order for substituted service, the further sum of $25 (or such sum as may be allowed on taxation). If the amount claimed and costs be paid to the plaintiff, (he or she being resident within the jurisdiction), or his or her solicitor or agent within 8 days after service hereof (inclusive of the day of service), further proceedings will be stayed.
(1) Delete where not applicable
AFFIDAVIT OF SERVICE
I
make oath and say as follows—
1. I did on the day of 20
at
personally serve
the within named defendant with a true copy of the within writ of summons which appeared to me to have been regularly issued out of High Court against the abovenamed defendant at the suit of the abovenamed plaintiff and which was dated the
day of 20
2. At the time of the said service the said writ and the copy thereof were subscribed in the manner and form prescribed by the Rules of the High Court.
3. I did also at the time of the said service, serve at the within-named Defendant a copy of Summons of the Acknowledgement of Service of the aforementioned Writ.
Sworn at
this day of 20
Before me
A Commissioner of the High Court of Fiji
The Laws of Fiji