Sheriff's summons to state claim
12.04 Sheriff's summons to state claim
(1) Where a person who is entitled to give notice under rule 12.03 does not, within a reasonable time after having knowledge of the facts, give notice under that rule, the Court may, on application by the sheriff, restrain the commencement or stay or restrain the continuance by the person of a proceeding in a court against the sheriff for or in respect of anything done by the sheriff in execution of the warrant after the time when the person might reasonably have given notice under that rule.
(2) A sheriff may apply for an order under subrule (1) by summons in the proceeding in which the warrant is issued and, if he so applies, he shall serve the summons personally on the person against whom the order is sought.
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