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Restoring an appeal dismissed for non-prosecution.
Time within which respondent named and to ask for his costs and such other relief as he may be advised. The Judicial Committee may, after considering the matter of the said summons, recommend to His Majesty the dismissal of the appeal for non-prosecution, or give such other directions therein as the justice of the case may require.
37. An appellant whose appeal has been dismissed for non-prosecution may present a petition to His Majesty in Council praying that his appeal may be restored.
Appearance by Respondent.
38. The respondent may enter an appearance at any time between the arrival of the record and the hearing of the appeal, but if he unduly delays entering an appearance he shall bear, or be disallowed, the costs occasioned by such delay, unless the Judicial Committee otherwise direct.
Notice of appearance by respondent.
Form of appearance
39. The respondent shall forthwith after entering an appearance give notice thereof to the appellant, if the latter has entered an appearance.
40. Where there are two or more respondents, and only one, or some of them enter an appearance, the appearance form shall set out the name of the appearing respondents.
Separate appearances.
41. Two or more respondents may, at their own risk as to costs, enter separate appearances in the same appeal.
Non-appearance
42. A respondent who has not entered an appearance shall not be entitled to receive any notices relating to the appeal from the Registrar of the Privy Council, nor be allowed to lodge a case in the appeal.
Procedure on non-appearance of respondent.
43. Where a respondent fails to enter an appearance in an appeal, the following rules shall, subject to any special order of the Judicial Committee to the contrary, apply:
(a) If the non-appearing respondent was a respondent at the time when the appeal was admitted, whether by the order of the Court appealed from or by an order of His Majesty in Council giving the appellant special leave to appeal, and it appears from the terms of the said order, or Order in Council, or otherwise from the record or from a certificate of the Registrar of the Court appealed from, that the said non-appearing respondent has received notice, or was otherwise aware, of the order of the Court appealed from admitting the appeal, or of the order of His Majesty in Council giving the appellant special leave
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