Div 5Hearing of Petitions.

Division 5.—Hearing of Petitions.

Notice of opposition to petition.

20. A debtor who intends to deny or dispute a statement in a petition or oppose a petition on any other ground shall, not less than three days before the hearing date of the petition—

(a) file a notice, in accordance with Form 8, setting out or referring to the statement in the petition that he intends to deny or dispute or the other grounds on which he intends to oppose the petition; and

(b) serve a copy of the notice on the solicitor for the petitioning creditor.

Petitioner to file certain affidavits before the hearing.

21.—(1.) A petitioner shall, before the petition is heard—

(a) file an affidavit made by a person who has searched in the indexes kept by the Registrar stating whether any bankruptcy proceedings in the District are pending against the debtor or whether the debtor is a bankrupt;

(b) file an affidavit made by a person who has knowledge of the facts stating that the debt or debts on which the petitoning creditor relies is or are still owing; and

(c) if the debt specified in the petition is an amount payable to the petitioner under a judgment that ordered that amount to be paid into the court by which the judgment was given—file an affidavit made by a person who has searched in the proper office of that court stating whether that amount or any of that amount has been paid into that court in accordance with the judgment.

(2.) An affidavit shall be deemed not to comply with the last preceding sub-rule unless—

(a) if the affidavit is filed for the purposes of paragraph (a) or (c) of that sub-rule—the search is made; or

(b) if the affidavit is filed for the purpose of paragraph (b) of that sub-rule—the affidavit is sworn,

on the hearing date for the petition or, if it is not practicable for the search to be made or the affidavit to be sworn, as the case may be, on that date, as soon as practicable before that date.

Registrar’s certificate.

22.—(1.) Within three days before the hearing date for a petition, the Registrar shall file a certificate under his hand certifying—

(a) whether, in the opinion of the Registrar, the provisions of the Act and of these Rules have been complied with in all respects in and in relation to the proceeding instituted by the petition;

(b) whether, in the opinion of the Registrar, the facts alleged in the affidavits filed in support of the petition are consistent with the debtor having committed the act of bankruptcy specified in the petition;

(c) whether, in the opinion of the Registrar, due service of the petition on the debtor has been proved by an affidavit filed in connexion with the proceeding; and