206. On the return day of the order, if the person to whom the warrant is directed does not attend, and does not establish a sufficient excuse for not attending, and if the Court is satisfied that the order has been duly served, or if he attends and does not show cause to the satisfaction of the Court why he should not be punished for the disobedience, the Court may issue a warrant for his commitment to prison.
The Court may enlarge the time for the return to the order, or may, on the return of it and under circumstances which would strictly justify the immediate commitment of the person guilty of the disobedience, direct that the warrant for his commitment shall issue only after a certain time and in the event of his continued disobedience at that time to the decree or order in respect of which he has been guilty of disobedience.
207. A person committed for disobedience to a decree or order is liable to be detained in custody until he has obeyed the decree or order in all things that are to be immediately performed, and given such security as the Court thinks fit to obey the other parts of the decree or order (if any) at the future times thereby appointed, or in case of his no longer having the power to obey the decree or order, then until he has been imprisoned for such time or until he has paid such fine as the Court directs.
Interlocutory Proceedings.
208. Interlocutory applications may be made at any stage of a suit or proceeding. They shall be made either by motion or on application for a summons.
Motions.
209. Motions must be reduced to writing in the terms of the order sought from the Court; and a motion shall not be entertained until the party moving has filed in the Court a written motion paper distinctly stating the terms of the order sought.
The motion may in its terms ask for an order directing more than one thing to be done, and may also be in an alternative form, asking that one or another order be made, so only that the whole order sought be therein substantially expressed.
If the motion-paper contains any matter by way of argument or other matter except the proper particulars of the motion itself, the Court shall direct the motion-paper to be amended and shall make no other order thereon, until it is amended accordingly, by the striking out of such argument or other matter.
210. There shall be filed with the motion-paper all affidavits on which the person moving intends to rely. No other evidence can be used in support of the motion except by leave of the Court.
No paper accompanying the motion-paper other than an affidavit shall be received.
Evidence.
211. The person filing the motion-paper may then move in the Court while sitting, and on such days and at such times, if any, as are by the regulations of the Court appointed for hearing motions, or in cases of urgency at any time while the Court is sitting and not engaged in hearing any other matter.
212. All motions shall be made ex parte in the first instance unless the Court gives leave to give a notice of motion for a certain day.
213. On a motion ex parte the party moving shall apply for either an immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or an order to the other party to appear, on a certain day and show cause why an order should not be made in the terms of the motion-paper.
Any party moving in Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the suit or proceeding, although present, other than the party moving, shall be entitled to be then heard.
214. On a motion coming on the Court may allow the motion-paper to be amended.
It may allow additional evidence to be produced by affidavit or deposition.
It may direct the motion to stand over.
It may refuse the motion.
It may make an order in terms of the motion.
Where an immediate order absolute is asked, and the right thereto clearly appears, it may grant such order.
It may grant an order to show cause why the order sought should not be made.
It may allow a motion on notice to be made.
If the motion, as originally framed, or as amended is substantially divisible into two or more parts, it may divide the same, and deal in different ways with the separate parts thereof, as the case may require.
Page 32
206. On the return day of the order, if the person to whom Warrant. it is directed does not attend, and does not establish a sufficient excuse for not attending, and if the Court is satisfied that the order has been duly served, or if he attends and does not show cause to the satisfaction of the Court why he should not be punished for the disobebience,-the Court may issue a warrant for his commitment to prison.
+
The Court may enlarge the time for the return to the order, or may, on the return of it and under circumstances which would strictly justify the immediate commitment of the person guilty of the disobedience, direct that the warrant for his com- mitment shall issue only after a certain time and in the event of his continued disobedience at that time to the decree or order in respect of which he has been guilty of disobedience.
207. A person committed for disobebience to a decree or Duration of order is liable to be detained in custody until he has obeyed the detention. decree or order in all things that are to be immediately performed, and given such security as the Court thinks fit to obey the other parts of the decree or order (if any) at the future times thereby appointed, or in case of his no longer having the power to obey the decree or order, then until he has been imprisoned for such time or until he has paid such fine as the Court directs.
Interlocutory Proceedings.
208. Interlocutory applications may be made at any stage of Form of a suit or proceeding.
interlocutory
for a summons.
They shall be made either by motion or on application application.”
Motions.
209. Motions must be reduced to writing in the terms of Motion paper. the order sought from the Court; and a motion shall not be en- tertained until the party moving has filed in the Court a written motion paper distinctly stating the terms of the order sought.
The motion may in its terms ask for an order directing more than one thing to be done, and may also be in an alternative form, asking that one or another order be made, so only that the whole order sought be therein substantially expressed.
If the motion-paper contains any matter by way of argumont or other matter except the proper particulars of the motion itself, the Court shall direct the motion-paper to be amended and shall make no other order thereon, until it is amended accordingly, by the striking out of such argument or other matter.
210. There shall be filed with the motion-paper all affida- vits on which the person moving intends to rely.
No other evidence can be used in support of the
motion except by leave of the Court.
+
No paper accompanying the motion-paper other than
an affidavit shall be received.
Evidience.
211. The person filing the motion-paper may then move Motion in the Court while sitting, and on such days and at such times, if Court. any, as are by the regulations of the Court appointed for hearing motions, or in cases of urgency at any time while the Court is sitting and not engaged in hearing any other matter.
212. All motions shall be made ex parte in the first in- Notice of stance unless the Court gives leave to give a notice of motion for motion. a certain day.
213. On a motion ex parte the party moving shall apply Application for either an immediate absolute order of the Court in the terms er parte.
of the motion-paper on his own showing and evidence, or an order to the other party to appear, on a certain day and show cause why an order should not be made in the terms of the motion- paper.
Any party moving in Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the suit or proceeding, although present, other than the party moving, shall be entitled to be then heard.
214. On a motion coming on the Court may allow the Order on motion-paper to be amended.
It may allow additional evidence to be produced by
affidavit or deposition.
It may direct the motion to stand over.
It
-
may
refuse the motion.
It may make an order in terms of the motion.
Where an immediate order absolute is asked, and the right thereto clearly appears, it may grant such order.
It may grant an order to show cause why the order
sought should not be made.
It
may
allow a motion on notice to be made.
If the motion, as orignally framed, or as amended is substantially divisible into two or more parts, it may divide the same, and deal in different ways with the separate parts thereof, as
the case may require.
motion.
32
No comments yet.
Private notes are available after approval.