The County Court (Amendment No. 3) Rules 1989

Curtailment of county courts' banking function

29.  For Order 25, rule 5, there shall be substituted the following–

“Production of plaint note and other information

5.— (1) On filing–

(a) a request for a warrant of execution, delivery or possession,

(b) a request for a judgment summons or warrant of committal,

(c) an application for a garnishee order under Order 30, rule 1, or

(d) an application for a charging order,

the judgment creditor shall, if the judgment or order sought to be enforced is a judgment or order of a county court, produce the plaint note or originating process unless otherwise directed.

(2) Where the judgment creditor has filed any request or application referred to in paragraph (1) or is seeking to enforce a judgment or order by making an application under rule 3 or under Order 27 or 32, he shall forthwith notify the proper officer of any payment received from the debtor in respect of the judgment to be enforced after the date of the application and before–

(a) the final return to the warrant of execution, delivery or possession; or

(b) in any other case, the date fixed for the hearing of the application.

(3) Without prejudice to rule 8(5)(b), where the judgment creditor applies to re-issue enforcement proceedings, he shall file a request in that behalf certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid and stating why re-issue is necessary.”.