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Amendment of
rule 41.
Revocation of rule 42.
Amendment at heading to rule 43.
Amenchment af rule 43.
Revocation and replacement of rule 44.
Addition of
new rule 44A.
such order and upon giving not less than two days' notice to any other party, apply to the Court to set aside such order.".
17. Rule 41 of the principal rules is amended by inserting. after 'in chambers", the following-
or in writing".
18. Rule 42 of the principal rules and its heading are revoked.
19. The heading to rule 43 of the principal rules is amended by inserting, after "trial", the following—
+
withdrawal of claim and directions".
20. Rule 43 of the principal rules is amended by deleting "and rules 4, 5 and 6 of Order 12 of the Code shall, in their application to the Court, be construed accordingly".
21. Rule 44 of the principal rules is revoked and replaced by the following
**With- drawal of claim, el.
44. (1) A plaintiff or a defendant may, at any time before judgment is entered and without the leave of the Court, withdraw his claim or counterclaim by giving notice in writing to the Registrar, and to every party against whom he desires to discontinue.
(2) If any claim or counterclaim be settled upon terms, such terms may be made an order of the Court upon application by the parties either orally or in writing signed by all the parties.
(3) It shall be the duty of all parties to an action entered in any list to furnish without delay to the officer who keeps the list all available information as to the action being or being likely to be settled, or affecting the estimated lengib of the trial, and, if the action is settled or withdrawn, to notify that officer of the fact without delay and take such steps as may be necessary to withdrawn the record.".
22. The principal rules are amended by adding, after rule 44, the following new rule-
"Directions and SUITUMBLY judgment.
44A. (1) For the purposes of exercising any of the powers granted by rules 25, 26, 27 and 28, the Court may, upon giving not less than three days' notice, require any party to an action to attend before the Court
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(2) Any party to an action may, at any stage before the trial of the action and upon giving not less than three days' notice to all other parties, apply to the Court for directions,
(3) Upon an application under paragraph (2), the Court shall give such directions upon such terms as it thinks fit.”.
23. Rule 45 of the principal rules is revoked.
24. Rule 46 of the principal rules is amended—
(a) by deleting paragraph (2);
(6) in paragraph (3) by deleting "Rule 13 of that Order"
and substituting the following—
"Order 68 of the Rules of the Supreme Court".
Revocation of rule 45.
Amendment of role 46.
25. Rule 47 of the principal rules is revoked and replaced Revocation and by the following-
"Objection
47. The Court may, in its discretion, reserve its to evidence, decision as to the admissibility of evidence to which objection is taken and in the meantime admit the evidence without prejudice to its power to reject such evidence or any part thereof in determining the action.".
26. Rule 50 of the principal rules is amended by deleting and accordingly rule 3 of Order 14 of the Code shall not apply to the Court".
27. Rule 52 of the principal rules is amended by deleting " and accordingly rule 10 of Onder 14 of the Code shall not apply to the Court".
28. Rule 60 of the principal rules is revoked and replaced by the following-
"Order for payment by instalments.
60, (D) Where a judgment is entered or an order made for the payment of any sum of money and it appears to the satisfaction of the Court, either at the time that the judgment is given or the order is made or at any later time on application made upon notice by the person liable under the judgment or order, that there is sufficient reason for so doing, the Court may order the sum to be paid by such instalments payable at such times as the Court may fix.
replacemeal of malo 47.
Amendment of rule 50.
Amendment of rule $2.
Revocation and replacement of rule 60.
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Private notes are available after approval.