Θεσμοί Πολιτικής Δικονόμίας

1. If the plaintiff, being bound to deliver a statement of claim, does not deliver the same within the time allowed for that purpose, the defendant may, at the expiration of that time, apply by summons to the Court to dismiss the action with costs, for want of prosecution; and on the hearing of such application the Court may, if no statement of claim shall have been delivered, order the action to be dismissed accordingly, or may make such other order on such terms as the Court shall think just.

2. If the plaintiff's claim be only for a debt or liquidated demand, and the defendant does not, within the time allowed for that purpose, deliver a defence, the plaintiff may, at the expiration of such time, apply for judgment for the amount claimed, with costs.

3. When in any such action as in the last preceding Rule mentioned there are several defendants, if one of them make default as mentioned in the last preceding Rule, the plaintiff may apply for judgment against the defendant so making default, and issue execution upon such judgment without prejudice to his right to proceed with his action against the other defendants.

4. If the plaintiff's claim be for pecuniary damages only, or for detention of goods with or without a claim for pecuniary damages, and the defendant, or all the defendants, if more than one, make default as mentioned in Rule the plaintiff may apply ex parte to the Court or a Judge for judgement against the defendant or defendants, 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.

5. When in any such action as in Rule 4 mentioned there are several defendants, if one or more of them make default as mentioned in Rule 2, the plaintiff may apply ex parte to the Court or Judge for interlocutory judgment against the defendant or defendants so making default, and proceed with his action against the others. And in such case, the value and amount of damages against the defendant making default shall be assessed at the same time with the trial of the action or issues therein against the other defendants, unless the Court or a Judge shall otherwise direct.

6. If the plaintiff's claim be for a debt or liquidated demand, and also for pecuniary damages only, or for detention of goods with or without a claim for pecuniary damages, and any defendant make default as mentioned in Rule 2, the plaintiff may apply for judgment for the debt or liquidated demand, and proceed as mentioned in Rule 4 or 5 of this Order, as the case may require, in regard to the value of the goods and/or the damages.

7. In an action for the recovery of immovable property, if the defendant, makes default as mentioned in Rule 2, the plaintiff stay apply for judgment for recovery of the property, with his costs.

8. 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 makes default as mentioned in Rule 2, or, if there be more than one defendant, some or one of the defendants make such default, the plaintiff may apply for judgment against the defaulting defendant or defendants for the property and liquidated sum claimed for arrears of rent, and proceed as mentioned in Rules 4 and 5 as to such other claim.

9. If the plaintiff's claim be for a debt or liquidated demand, or for pecuniary damages only, or for detention of goods with or without a claim for pecuniary damages, or for any of such matters, or for the recovery of immovable property, and the defendant delivers a defence which purports to offer an answer to part only of the plaintiff's alleged cause of action, the plaintiff may by leave of the Court, have judgment, final or interlocutory, as the case may be, for the part, unanswered : provided that the unanswered part consists of a separate cause of action or is severable from the rest, as in the case of part of a debt or liquidated demand : provided also that, where there is a counter-claim, execution of any such judgment as above-mentioned in respect of the plaintiff's claim shall not issue wit hunt, leave of the Court or a Judge.

10. In all other actions than those mentioned in the preceding Rules of this Order, if the defendant makes default in delivering a defence, the plaintiff may apply by summons for judgment, and such judgment shall be given as the Court or a Judge shall consider the plaintiff to be entitled to.

11. Where a pleading subsequent to reply is not ordered, then, at the expiration of seven days from the delivery of the defence or reply (if any); or, where a pleading subsequent to reply is ordered, and the party who has been ordered or given leave to deliver the same fails to do so within the period limited for that purpose, then, at the expiration of the period so limited, the pleadings shall be deemed to be closed and material statements of fact in the pleading last delivered shall be deemed to have been denied and put in issue :

Provided that this Rule shall not apply to a defence to a counter-claim and that unless the plaintiff delivers a defence to a counter-claim, the statements of fact contained in such counter-claim shall at the expiration of fourteen days from the delivery thereof or of such time (if any) as may by order be allowed for delivery of a defence thereto be deemed to be admitted, but the Court or Judge may at any subsequent time give leave to the plaintiff to deliver such a defence.

12. In any case in which issues arise in an action other than between plaintiff and defendant, if any party to any such issue makes default in delivering any pleading the opposite party may apply to the Court or a Judge for such judgment (if any) as upon the pleadings he may appear to be entitled to. And the Court or Judge may subject to Order 17, Rule 13, order judgment to be entered accordingly, or may make such other order as tray be necessary to do complete justice between the parties.

13. (1) The Registrar shall, once a month or at such tines 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 pleading within the time allowed for that purpose, and the Court or Judge, may thereupon direct the Registrar to give notice to the party in default requiring him to file and deliver his pleading within fourteen days after the giving of the notice, and informing him, as may seem fit in the circumstances of the case, that upon failure so to do within the fourteen days aforesaid the action may be dismissed for want of prosecution, or that judgment in certain terms may be given in favour of a specified party.

(2) Upon failure to file and deliver the pleading within the fourteen days aforesaid, or within such extended time as may be allowed, the Registrar shall forthwith lay the file of the action before the Court or a Judge, and the Court or Judge may, as may seem fit in the circumstances of the case, dismiss the action for want of prosecution or give judgment in the terms specified in the notice or in terms not being more onerous than those so specified on the party affected thereby.

14. Any judgment by default, whether under this Order or under any other of these Rules, may in a proper case be set aside by the Court upon such terms as to costs or otherwise as the Court may think fit.

15. If a person who is not a party to the record seeks to set aside a judgment which the defendant in the action has allowed to go by default and by which such person is injuriously affected, he may by summons taken out in his own name, and served on both the plaintiff and the defendant, apply for leave to have the judgment set aside and to be allowed to defend the action on such terms as to costs or otherwise as the Court may consider right.