Order for setting down on application cf «defendant.
In what cases.
what cases.
To be kept.
Order of causes,
Notice to parties.
Causes taken out of turn.
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RULES OF SUPREME COURT.
In the first case, if he enters into evilence at all, and in the second case, if he enters into evidence as to such other points, he renders himself liable to pay the costs thereof.
63. An order to set down th. cause may be made on the applica- tion of the defendant by summons, if it appears to the Court, Laving regard to the state of the pleadings, that the cause is ready to be beard, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff has no reasonable excuse (as the absence or illness of a material witness), an that the defendant is prejudiced or may rea ʊnably be expected to be prejudiced by such delay.
Dismissal for want of Prosecution.
64. Where the plaintiff does not ob ain an order for setting down the cause within three months from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution.
On such application, the Court may, if it thinks fit, make an order dismissing the p. tition, or make such o her order, or impose such terms as the Court thinks just and reasonable.
Postponement of Hearing.
65. The Court may at any time on a summons taken out by any party postpone the hearing of a cause set down, on being satisfied by eviderce on oath that the postponement will have the effect of better ensuring the hearing and determination of the questions between the parties on the merits.
Where such an application is inade ou the ground of the absence of a witness, the Court shall require to be satisfied that his evidence is material, and that he is likely to return and give evidence within a reasonable time.
Where such an application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the particular jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is likely to give evidence, and that he is permanently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time. The party making such application must also apply for an order for the examination of such witness out of the jurisdiction, or for leave to use an affidavit to be made by such witness as evidence at the hearing.
Hearing List and Hearing Paper.
66. There shall be kept a General Hearing List for causes and a Hearing Paper.
67. Where a cause is set down for hearing it shall be placed in the general hearing list, and shall be transferred to the hearing paper strictly in its turn and order, according as the general hearing list becom s exhausted.
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The regular order shall in no case be departed from without special rection.
68. When a case is about to be transferred from the general hearing list to the hearing papir, notice shall be served on the parties (Form 7); and unless the Court in any particular case directs otherwise, ten days shall be allowed between service of such notice. and the day of hearing.
69. When any cause or matter has been specially directed by the Court to be heard on a particular day, or out of its ordinary