35. The parties named in the writ of summons and every person interested in the property sought to be affected by the action who desires to dispute the Plaintiff’s claim shall appear before the Court or Judge either personally or by advocate at the time named in that behalf in the writ of summons.
36. Any party appearing before the Court or Judge at the’ time named in the writ of summons shall be required to name an. address to be called an address for service, which shall be some proper. place within the municipal limits of the town within which the court-house is situate, at which it shall be sufficient to leave all writs, notices, summonses, orders or other documents required to be served upon him during the course of the action.
37. If any party shall neglect or refuse to name an address for service he shall be informed by the Court or Judge that service of all writs, notices, summonses, orders or other documents required to be served upon him will be effected by posting the same at the court-house; and such service shall be deemed to be good service.
38. When the parties shall have appeared before the Court or Judge, the Plaintiff shall be required to state all facts on which he shall rely in support of his claim and the Defendant to state all facts on which he intends to rely in his defence.
39. If it appear to the Court or Judge after hearing the parties that there are any facts in dispute between them, a statement of the facts in dispute shall be drawn up by the Court or Judge and read over to the parties.
Any party shall be entitled on application to the Registrar to inspect the statement so drawn up and to make a copy thereof.
40. If it appear to the Court or Judge after hearing the parties that there are no facts in dispute between them, judgment may be forthwith given upon the admitted facts or the further hearing of the action may be adjourned either generally or to any day fixed by the Court or Judge.
41. If at the time fixed by the writ of summons for the appearance of the parties the Plaintiff appears but the Defendant does not appear, then, upon proof of the due service of the writ of summons, the Plaintiff may proceed to prove his claim and the Court or Judge may either give judgment for any remedy or relief which the Plaintiff may appear to be entitled to or the further hearing of the action may be adjourned.
42. If the further hearing of the action be adjourned, the Court or Judge may, if it shall seem fit, direct the Plaintiff to give notice to the Defendant of any day fixed for the further hearing of the action.
43. If at the time fixed by the writ of summons for the appearance of the parties the Plaintiff shall fail to appear the Defendant may apply to have the action dismissed and the Court or Judge shall so direct accordingly.
44. Where any judgment has been given in the absence of either of the parties in accordance with the provisions of Rules 41 and 43 hereof, any party affected by such judgment may apply to the Court or Judge to set aside the judgment and the Court or Judge may set aside the judgment on such terms as to the payment of costs or otherwise as shall appear to be just.
45. If at the time fixed by the writ of summons neither party shall appear no further proceedings shall be had or taken under the writ except, on application by the Plaintiff, the Court or Judge shall otherwise order, and the Court or Judge may by the order limit a time for the appearance of the parties before the Court.
The application of the Plaintiff may be made without notice to the Defendant..
46. A party not appearing within the time fixed for that purpose by the writ of summons may, by consent of the other parties or by permission of the Court or Judge, appear at any time on such terms as the Court or Judge shall order.
47. If any Defendant has a set-off or counterclaim against the Plaintiff, lie shall state the same to the Court or Judge at the time of his appearance, and if it shall appear to the Court or Judge that the set-off or counterclaim can be conveniently disposed of in the action, the same proceedings shall be had and taken as are provided in Rule 39 for ascertaining what are the facts in dispute, and such set-off or counter-claim shall be disposed of by the judgment in the action. But if in the opinion of the Court or Judge such set-off or counterclaim cannot be conveniently disposed of in the action, the Court or Judge may decline so to dispose of it.