1988 Ed.] The Rules of the Supreme Court-Order 13
[CAP. 4
A 33
Acknowledgment of service to be treated as entry of appearance
(O. 12, r. 10)
10. For the purpose of any enactment referring expressly or impliedly to the entry of appearance as a procedure provided by rules of court for responding to a writ or other process issuing out of the High Court, or of any rule of law, the acknowledgment of service of the writ or other process in accordance with these rules shall be treated as the entry of an appearance to it, and related expressions shall be construed accordingly.
[Subsidiary]
ORDER 13
FAILURE TO GIVE NOTICE OF INTENTION TO DEFEND
Claim for liquidated demand (O. 13, r. 1)
1. (1) Where a writ is indorsed with a claim against a defendant for a liquidated demand only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.
(2) A claim shall not be prevented from being treated for the purposes of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest under section 48 of the Ordinance at a rate which is not higher than that payable on judgment debts at the date of the writ.
Claim for unliquidated damages (O. 13, r. 2)
2. Where a writ is indorsed with a claim against a defendant for unliquidated damages only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any.
Claim for detention of goods (O. 13, r. 3)
3. (1) Where a writ is indorsed with a claim against a defendant relating to the detention of goods only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time and subject to Order 42, rule 1A-
(a) at his option enter either-
(i) interlocutory judgment against that defendant for delivery of the goods or their value to be assessed and costs;
or
(ii) interlocutory judgment for the value of the goods to be assessed and costs;
App. A. Form 39.
App. A. Form 40.
App. A. Form 41.