(ii) The witnesses who require subpoena or summons shall at the instance of the party calling them be served with Civil Form l(a) before the filing of the statements of such witnesses. (2) Where a plaintiff fails to comply with sub-rule 1 of this rule, and rules 3 and 9 of this order his originating process shall not be accepted for filing by the Registry. (3) In land matters a plaintiff may file a motion on notice along with the originating process, for leave to enter the land in dispute for the purpose of making dispute survey plan for the suit. Form of writ; Civil Form 1. 4. Except in cases in which different forms are provided for in these Rules, the Writ of summons shall be in Form 1 with such modifications or variations as circumstances may require. Form of writ for service out of Nigeria Civil Form 2. 5. A writ of summons to be served out of Nigeria shall be in Form 2 with such modifications or variations as circumstances may require. Proceedings which may be begun by originating summons. 6. Any person claiming to be interested under a deed, will, enactment or other written instrument may apply by originating summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the persons interested. Where right depends on construction of enactment 7. Any person claiming any legal or equitable right in a case where the determination of the question whether such a person is entitled to the right depends upon a question of construction of an enactment, may apply by originating summons for the determination of such question of construction and for a declaration as to the right claimed. Discretion of the Judge 8. A judge shall not be bound to determine any such question of construction if in the Judge's opinion it ought not to be determined on originating summons but may make such orders as the Judge deems fit. Forms of originating summons. Civil Forms 3, 4, 5. 9. (1) an originating summons shall be in the Form 3, 4 or 5 to these Rules, with such variation as circumstances may require. (2) (a) (b) An originating summons shall be accompanied by: An affidavit setting out the facts relied upon, and Copies of all the exhibits to be relied upon