Addition of
new rule
17A to
Order II.
Amendment
of Order
B. Order II of the principal rules is amended by the addition after rule 17 of the following new rule-
"Leave
to enter judgment against Crown in
17A. In civil proceedings against the Crown no judgment shall be entered in default of appearance without the leave of the court, and any application for such leave shall be made by notice of motion or appearance. summons served not less than seven days before the
return day.".
default of
0. 13. r. 18,
0.
Rule 32 of Order III of the principal rules is amended 111, rule 32. by the addition at the end thereof of the following new
paragraph-
Amendment
of Order
III, rule 36.
Addition of new rule
37A to
Order III.
"O. 18A, r. 14.
(3) Notwithstanding anything in this rule, leave to issue a third party notice for service on the Crown shall not be granted except upon an application to the court by summons served upon the plaintiff and the Crown. Such leave shall not be granted unless the court is satisfied that the Crown is in possession of all such information as it reasonably requires as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Crown concerned.".
10. Rule 36 of Order III of the principal rules is amended by the deletion of the full stop at the end thereof, and by the addition of the following- 40. 16A, 1. 5,
11.
Provided that in the case of third party proceedings against the Crown the foregoing provi- sions of this rule shall not apply unless the court so orders; and any application for such an order shall be made by summons served not less than seven days before the return day.".
Order III of the principal rules is amended by the addi- tion after rule 37 of the following new rule-
"Leave
to enter judgment against Crown (as third party) in default of appearance. 0. 18A, I. 8.
37A. A defendant shall not in any event be entitled to enter judgment against the Crown under rule 37 without the leave of the court. Any application for
leave to enter judgment against the Crown under rule 37 shall be made by summons served not less than seven days before the return day.".
12. Order III of the principal rules is amended by the addi- Addition of tion at the end thereof of the following new rules-
"Rules
relating to parties subject
to acction 13 of Ordinance No. 18 of 1957.
0, 16, r. 48.
Applica.
tions under section 7(3) of Ordinance No. 18 of 1967: relating to postal packets.
0. 18. r. 50.
58. In respect of civil proceedings by or against the Crown, the provisions of this Order shall have effect subject to the provisions of section 13 of the Crown Proceedings Ordinance, 1957, which relate to the parties to such proceedings.
50. An application by any person under sub- section (3) of section 7 of the Crown Proceedings Ordinance, 1957, for leave to bring proceedings in the name of the sender or addressee of a postal packet or his personal representatives shall be made by originat ing summons in the Supreme Court. The respond ents to the summons shall be the Crown and the person in whose name the applicant seeks to bring proceedings.".
new rules 55 and 56 to Order ILI.
13. Order V of the principal rules is amended by the addition Addition of after rule 49 of the following new rule-
"Set-off or counter- claira against Crew.
0. 19, T. 3A.
49A. (1) A person shall not be entitled to avail himself of any set-off or counter-claim in any proceed- ings by the Crown for the recovery of taxes, duties or penalties, or to avail himself in proceedings by the Crown of any other nature of any set-off or counter- claim arising out of a right or claim to repayment in respect of any taxes, duties or penalties.
(2) A person shall not be entitled without the leave of the court to avail himself of any set-off or counter-claim in any proceedings by the Crown.
(3) The Crown shall not be entitled without the leave of the court to avail itself of any set-off or counter- claim.
to
(4) An application for leave pursuant paragraph (2) or (3) of this rule shall be made by
summonIS.
<
+
new mile 49A to Order V.