Legal Proceedings against Enemies.
or otherwise; and on that order being complied with, all proceedings may be taken on the claim as if the writ had been served on the enemy defendant by the usual means.
(2) The Chief Justice may make such rules as he thinks fit for expediting proceedings and regulating procedure generally in a case where an enemy service order has been made and the enemy defendant does not appear; and any rules so made shall have effect as if they were included in the rules of court for the time being in force.
(3) The court, where an enemy service order has been made and it appears not to be practicable to obtain the best evidence of any document which is in the opinion of the court material to the case, may admit such other evidence thereof as appears proper in the circumstances.
(4) The court shall have power, where an enemy service order has been made and the enemy defendant does not appear, to order the plaintiff, though successful, to pay the whole or any part of the costs of the proceedings, if the court considers that it is just to do so in the special circumstances of the case.
(5) The fact that, for the purpose of obtaining the benefit of this section, a writ of summons has been indorsed only with a claim for a declaration in accordance therewith shall not prevent any other declaration or any consequential or other relief being claimed in other proceedings, or prevent the case being dealt with, although no such other declaration or consequential or other relief is claimed.
(6) This section applies to cases where- (a) the plaintiff is a British subject and is entitled for the time being to bring an action in the Supreme Court; and
(b) the defendant or one of the defendants is an enemy; and
(c) the writ is indorsed only with a claim for a declaration as to the effect of the war on rights or liabilities of the plaintiff or defendant under a contract entered into before the outbreak thereof; and
(d) there is written evidence of the contract.
437
[CAP. 187
Legal Proceedings against Enemies.
or otherwise; and on that order being complied with, all proceedings may be taken on the claim as if the writ had been served on the enemy defendant by the usual means.
(2) The Chief Justice may make such rules as he thinks fit for expediting proceedings and regulating procedure generally in a case where an enemy service order has been made and the enemy defendant does not appear; and any rules so made shall have effect as if they were included in the rules of court for the time being in force.
(3) The court, where an enemy service order has been made and it appears not to be practicable to obtain the best evidence of any document which is in the opinion of the court material to the case, may admit such other evidence thereof as appears proper in the circumstances.
(4) The court shall have power, where an enemy service order has been made and the enemy defendant does not appear, to order the plaintiff, though successful, to pay the whole or any part of the costs of the proceedings, if the court considers that it is just to do so in the special circumstances of the case.
(5) The fact that, for the purpose of obtaining the benefit of this section, a writ of summons has been indorsed only with a claim for a declaration in accordance therewith shall not prevent any other declaration or any consequential or other relief being claimed in other proceedings, or prevent the case being dealt with, although no such other declaration or consequential or other relief is claimed.
(6) This section applies to cases where- (a) the plaintiff is a British subject and is entitled for the time being to bring an action in the Supreme Court; and
(b) the defendant or one of the defendants is an
enemy; and
(c) the writ is indorsed only with a claim for a declara- tion as to the effect of the war on rights or liabilities of the plaintiff or defendant under a contract entered into before the outbreak thereof; and
(d) there is written evidence of the contract.
437
[CAP. 187
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