New order for earlier
payment on
application of judgment
creditor.
Judgment to recond scparato
findings in action is
which
persons
anile B plaintiffs.
Appearance
by person in
possession
a defendant.
22
61. (1) If it appears to the Court that the person liable under any judgment or order for payment by instalments is able to pay the sum ordered to be paid either in one sum or by larger instalments than those ordered, the Court, on the application of the person entitled to enforce the judgment or order made on notice, may order the amount unpaid | to be paid in one sum, or by larger instalments than those previously ordered, and may from time to time vary such order.
(2) When a judgment has been given or order made for the payment of any sum and execution thereon has been stayed, whether on due payment of instalments or otherwise, and it appears to the Court at any time to be desirable so to do, the Court may by order raise the stay of execution either with immediate effect or otherwise and on such terms as it thinks fit.
(3) This rule shall apply to any judgment given by the Court pur- suant to rule 8 of Order 15 of the Code.
Action by employees for wages.
62. Where by virtue of section 24 of the Ordinance two or more persons unite as plaintiffs in one action against another person, the judgment shall record as separate findings the relief to which any plain- tiff, or the defendant as against any plaintiff, is adjudged entitled.
Thereafter for execution purposes such separate findings may be proceeded upon severally or jointly to the extent of the relief adjudged due thereby.
Action for recovery of immovable property.
63. Any person not named as a defendant in an action for the recovery of immovable property who is desirous of defending the action not named as may enter an appearance in accordance with the provisions of rule 21 at the time appointed by the writ, or at the trial, or at any weekly call- over day at which the cause is called, or after judgment on any call- over day and, by order of the Court, may be joined as a defendant without preliminary or other formality, and rules 3, 4 and 5 of Order 22 of the Code, in their application to the Court, shall have effect accordingly.
Rules as to relief againstE forfeiture inapplicable.
Certain rules
as to
procedure on appeal inapplicable.
64. Rules 9, 10, 11 and 12 of Order 22 of the Code shall not apply to the Court,
Appeals to the Full Court.
65. Rules 1, 2 and 3 of Order 29 of the Code shall not apply to appeals from the Court.
23
66. Rule 9 of the said Order 29 (relating to a jury on a new trial) No jury on shall not apply to appeals from the Court.
new frisl.
Charitable trusts.
67. Rules 14, 15 and 16 of Order 30 of the Code shall not apply Rules as to to the Court,
Summary application for limiting shipowner's liability,
68. Rule 8 of Order 31 of the Code shall not apply to the Court.
Commissioners for oaths.
charitable truals in- applicable.
No proceed- ings for limiting shipowner's responsibility.
69. The Registrar shall have authority to administer any oath and Registrar take affidavit required for any purpose connected with the business of to administer
the Court.
Forms.
70. Subject to such amendments therein as are necessary to adapt the same to the Court, and to the provisions of the Ordinance, the forms for the time being prescribed by or under rule 23 of Order 31 of the Code shall be the forms in use in the Court:
Provided that a judge of the Court may allow such departures from any prescribed form as he may think fit in any particular case.
PART IV.
MISCELLANEOUS.
authorized
caths.
Adoption of form a
Schedule to Cade.
Crowd.
71. These rules shall have effect in relation to the Crown subject Application in all respects to the provisions of the Crown Proceedings Ordinance, to the 1957, and to the provisions of the Code respecting proceedings by or (18 of 1957). against the Crown.
72. These rules shall apply, so far as practicable, to any proceedings Pending pending in the Court on the day on which these rules come into opera-
proceedings. tion, and save as aforesaid the practice and procedure in force in the Court immediately before that day shall continue to apply to such proceedings.
73. The District Court Civil Procedure (Interim) Rules, 1953, ara Revocation. revoked.
(G.N.A
32/53).