Θεσμοί Πολιτικής Δικονόμίας

the plaintiff shall, before further proceeding with the action against such defendant, apply to the Court or a Judge for an order that some proper person be assigned guardian of such defendant, by whom he may appear and defend the action. But no such order shall be made unless it appears on the hearing of such application that the writ of summons was duly served, and that notice of such application was, after the expiration of the time allowed for appearance, and at least four days before the day in such notice named for hearing the application, served upon the person with whom or under whose care such defendant was at the time of the service of the writ of summons and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon the father or mother, or guardian (if any) of such infant, unless the Court or Judge at the time of hearing such application shall dispense with such last-mentioned service.

(2) Notice of the application shall also be served upon the person sought to be assigned guardian, but if he is served and fails to attend or is unwilling to act, the Court or Judge may appoint any advocate as guardian to appear and defend the action, and direct that the costs to be incurred by him and his remuneration as such guardian (as fixed in the order of appointment or to be fixed later) be borne and paid either by the parties to the action or some one or more of them and may also direct either that security be given therefor, or that they be borne by and paid out of any fund in Court in which the defendant for whom he is appointed as such guardian may be interested, and may give directions for the repayment or allowance of such costs and remuneration as the justice and circumstances of the case may require.

(3) The order of appointment shall limit the time within which the person appointed is to enter an appearance, and if such person fails to enter an appearance within the time so limited, his appointment may be revoked and he may be ordered to pay personally any costs occasioned by his failure. Upon an appointment being revoked, another appointment may be made upon such proceedings being had as the Court or Judge may direct.

2. Where any defendant fails to appear to a writ of summons, and the plaintiff is desirous of proceeding upon default of appearance under any of the following Rules of this Order, he shall, before taking such proceeding upon default, file an affidavit of service, or of notice in lieu of service, as the case may he, if such affidavit has not already been filed by the Registrar.

3. Where the writ of summons is for a liquidated demand, whether specially indorsed or otherwise, and the defendant fails, or all the defendants, if more than one, fail, to appear thereto, the plaintiff may apply for judgment for any sum not exceeding the sum claimed by the writ, together with interest at the rate specified in the claim (if any) and costs.

4. Where the writ of summons is for a liquidated demand, whether specially indorsed or otherwise, and there are several defendants, of whom one or more appear to the writ, and another or others of them fail to appear, the plaintiff may apply for judgment, as in the preceding Rule, against such as have not appeared, and may issue execution upon such judgment without prejudice to his right to proceed with the action against such as have appeared.

5. Where the writ is for pecuniary damages only, or for detention of goods with or without a claim for pecuniary damages, and the defendant fails, or all the defendants, if more than one, fail, to appear, the plaintiff may apply ex parte to the Court or a Judge for judgment, and the Court or Judge may ascertain the value of the goods or the amount of the damages in any way in which the Court or Judge may think fit and give judgment accordingly.

6. Where the writ claims as in the last preceding Rule mentioned, and there are several defendants, of whom one or more appear to the writ and another or others of them fail to appear, the plaintiff may apply ex parte to the Court or Judge for interlocutory judgment against the defendant or defendants who have failed to appear and the value of the goods and the damages, or either of them, as the case may be, may be assessed as against such defendant or defendants at the same time as the trial of the action or issue therein against the other defendant or defendants who have appeared, unless the Court or Judge shall otherwise direct.

7. Where the writ is for pecuniary damages only, or for detention of goods with or without a claim for pecuniary damages, and is further for a liquidated demand, whether specially indorsed or otherwise, and any defendant fails to appear, the plaintiff may apply for judgment for the debt or liquidated demand, interest and costs against the defendant or defendants failing to appear, and proceed as mentioned in Rule 5 or 6 of this Order, as the case may require, in regard to the value of the goods and/or the damages.

8. Where the writ is for the recovery of immovable property and the defendant fails to appear to the writ within the time limited for appearance, or if an appearance is entered but the defence is limited to part only, the plaintiff may apply for judgment for recovery of the property or of the part thereof to which the defence does not apply.

9. Where the plaintiff has a claim for arrears of rent, or damages for breach of contract or wrong or injury to the property claimed, upon a writ for the recovery of immovable property, if the defendant fails to appear thereto, the plaintiff may apply for judgment as in the last preceding Rule mentioned for the property and liquidated sum claimed for arrears of rent, and the action may proceed as in the other preceding Rules of this Order mentioned as to such other claim.

10. Where judgment is entered pursuant to any of the preceding Rules of this Order, it shall be lawful for the Court in a proper case to set aside or vary such judgment upon such terms as may be just.

11. In all actions for which no other provision is specially made by the Rules of this Order, in case the party served with the writ does not appear within the time limited for appearance, upon proof of service and, if the writ is not specially indorsed under Order 2, Rule 6, upon the filing of a statement of claim, the plaintiff may apply ex parte for judgment.

12. Where a defendant or respondent to an originating summons to which an appearance is required to be entered fails to appear within the time limited, the plaintiff or applicant may apply to the Court or a Judge for an appointment for the hearing of such summons, and the Court or Judge shall appoint a time for the hearing of such summons, upon such conditions (if any) as they or he shall think fit.

13. The provisions of this Order shall be read subject to this qualification, namely that in all cases in which it is sought to obtain judgment by default the Court or Judge may, where it seems to be necessary or desirable, call upon the plaintiff to prove his claim, and whether the plaintiff is so called upon or not the Court or Judge may only give judgment to the extent to which the plaintiff is in law entitled.

14. (1) The Registrar shall, once a month or at such times as he may be required by the Court or a Judge, furnish the Court or Judge with a list of actions in which there has been default of appearance within the time limited by the writ and in which the plaintiff has failed to proceed upon such default under the preceding Rules of this Order for one mouth after the expiration of the time so limited, and the Court or Judge may thereupon direct the Registrar to give notice to the plaintiff requiring him so to proceed within fourteen days after the giving of the notice, and informing him that upon failure so to proceed within the fourteen days aforesaid the action shall stand dismissed for want of prosecution.

[Δ.Κ. 1.11.1996] (2) Upon failure so to proceed within the fourteen days aforesaid, or within such extended time as may be allowed, the action υπόκειται σε απόρριψη for want of prosecution but without prejudice to the institution of a fresh action, και τίθεται για το σκοπό αυτό ενώπιον του Δικαστηρίου.

(3) The notice from the Registrar mentioned in paragraph (1) of this Rule shall be served at the plaintiff's address for service, and a copy thereof sent by post to the plaintiff if in Cyprus; and the fourteen days mentioned in the notice shall be reckoned as from the day of service or posting, whichever be the later. An affidavit of service and posting shall be filed.