EKUBAN vs. EKUBAN

JUDGMENT OF BOISON J. This is a motion for review of an order of this court dated 16 September 1965. The order in effect held that a petition in divorce and matrimonial causes is a writ within the meaning of Order 8, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954. The grounds of the application were: (a) that the appearance filed by the respondent was bad in law in that the appearance was under protest and generally and according to Latey on Divorce (13th ed.), p. 1295, appearance may be under protest. The protest may be general or limited. In either case the grounds of protest must be stated concisely. This was not done in this case. (b) That in the case of ordinary and originating writs, the form specifically states that service should be effected within twelve months from the date of the writ. There is no such limitation or condition in the case of petitions and the fact that the definition of “plaintiff” includes “petitioner” and “pleadings” includes ...