Supreme Court.
[CAP. 4
in case of
79. If there has not been any appearance, the plaintiff
Setting down
may set down the action for trial, on obtaining from the
non-
judge leave to proceed ex parte-
(a) in an action in personam or an action against pro-
ceeds in court, after the expiration of two weeks from
the service of the writ of summons; and
(b) in an action in rem (not being an action against
proceeds in court), after the expiration of two weeks
from the filing of the warrant.
appearance.
80. (1) If there has been an appearance, either party
Setting down
may set down the action for trial-
(a) after the expiration of one week from the entry of
the appearance, unless an order has been made for
pleadings or an application for such an order is
pending; and
(b) if pleadings have been ordered, when the last
pleading has been filed, or when the time allowed to
the adverse party for filing any pleading has expired
without such pleading having been filed.
(2) In a collision case the preliminary acts may be
opened as soon as the action has been set down for trial.
in case of appearance.
accounts.
81. Where the writ of summons has been indorsed
Taking of
with a claim to have an account taken, or the liability has
been admitted or determined, and the question is simply
as to the amount due, the court may, on the applica-
tion of either party, fix a time within which the accounts
and vouchers, and the proofs in support thereof, shall be
filed, and at the expiration of that time, either party may
have the matter set down for trial.
Trial.
trial.
82. After the action has been set down for trial, the
Notice of
Registrar shall send notice to the parties of the day on
which it will be tried.
begin.
83. At the trial of a contested action the plaintiff shall
Right to
in general begin. But if the burden of proof lies on the
defendant, the court may direct the defendant to begin.
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