1964_RULES_OF_THE_SUPREME_COURT — Page 164

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[Subsidiary]

CAP. 4] The Rules of the Supreme Court Order 44 [1988 Ed.

Directions by the Court (O. 44, r. 3)

3. (1) Where a judgment given in a cause or matter contains directions which make it necessary to proceed in chambers under the judgment the Court may, when giving the judgment or at any time during proceedings under the judgment, give further directions for the conduct of those proceedings, including, in particular, directions with respect to-

(a) the manner in which any account or inquiry is to be prosecuted,

(b) the evidence to be adduced in support thereof,

(c) the preparation and service on the parties to be bound thereby of the draft of any deed or other instrument which is directed by the judgment to be settled by the Court and the service of any objections to the draft,

(d) without prejudice to Order 15, rule 17, the parties required to attend all or any part of the proceedings,

(e) the representation by the same solicitors of parties who constitute a class and by different solicitors of parties who ought to be separately represented, and

(f) the time within which each proceeding is to be taken,

and may fix a day or days for the further attendance of the parties.

(2) The Court may revoke or vary any directions given under the rule.

Application of rules 5 to 8 (O. 44, r. 4)

4. Rules 5 to 8 apply-

(a) where in proceedings for the administration under the direction of the Court of the estate of a deceased person the judgment directs any account of debts or other liabilities of the deceased's estate to be taken or any inquiry for next of kin or other unascertained claimants to be made, and

(b) where in proceedings for the execution under the direction of the Court of a trust the judgment directs any such inquiry to be made,

and those rules shall, with the necessary modifications, apply where in any other proceedings the judgment directs any account of debts or other liabilities to be taken or any inquiry to be made.

Advertisements for creditors and other claimants (O. 44, r. 5)

5. The Court may, when giving a judgment or at any stage of proceedings under a judgment, give directions for the issue of advertisements for creditors or other claimants and may fix the time within which creditors and claimants may respond.