1988 Ed.] The Rules of the Supreme Court--Order 20
[CAP. 4
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service of the defence, apply to the Court for judgment, and on the hearing of the application the Court shall give such judgment as the plaintiff appears entitled to on his statement of claim.
(2) Where the plaintiff makes such a claim as is mentioned in paragraph (1) against more than one defendant, then, if one of the defendants makes default as mentioned in that paragraph, the plaintiff may---
(a) if his claim against the defendant in default is severable from his claim against the other defendants, apply under that paragraph for judgment against that defendant, and proceed with the action against the other defendants; or
(b) set down the action on motion for judgment against the defendant at the time when the action is set down for trial, or is set down on motion for judgment, against the other defendants.
(3) An application under paragraph (1) must be by summons or motion.
Default of defence to counterclaim (O. 19, r. 8)
8. A defendant who counterclaims against a plaintiff shall be treated for the purposes of rules 2 to 7 as if he were a plaintiff who had made against a defendant the claim made in the counterclaim and, accordingly, where the plaintiff or any other party against whom the counterclaim is made fails to serve a defence to counterclaim, those rules shall apply as if the counterclaim were a statement of claim, the defence to counterclaim a defence and the parties making the counterclaim and against whom it is made were plaintiffs and defendants respectively, and as if references to the period fixed by or under these rules for service of the defence were references to the period so fixed for service of the defence to counterclaim.
Setting aside judgment (O. 19, r. 9)
9. The Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.
ORDER 20
AMENDMENT
Amendment of writ without leave (O. 20, r. 1)
1. (1) Subject to paragraph (3), the plaintiff may, without the leave of the Court, amend the writ once at any time before the pleadings in the action begun by the writ are deemed to be closed.
(2) Where a writ is amended under this rule after service thereof, then, unless the Court otherwise directs on an application made ex parte, the amended writ must be served on each defendant to the action.
[Subsidiary]
1988 Ed.] The Rules of the Supreme Court--Order 20
[CAP. 4
A 71
service of the defence, apply to the Court for judgment, and on the hearing of the application the Court shall give such judgment as the plaintiff appears entitled to on his statement of claim.
(2) Where the plaintiff makes such a claim as is mentioned in paragraph (1) against more than one defendant, then, if one of the defendants makes default as mentioned in that paragraph, the plaintiff may---
(a) if his claim against the defendant in default is severable from his claim against the other defendants, apply under that paragraph for judgment against that defendant, and proceed with the action against the other defendants; or
(b) set down the action on motion for judgment against the defendant at the time when the action is set down for trial, or is set down on motion for judgment, against the other defendants.
(3) An application under paragraph (1) must be by summons or motion.
Default of defence to counterclaim (0. 19, r. 8)
8. A defendant who counterclaims against a plaintiff shall be treated for the purposes of rules 2 to 7 as if he were a plaintiff who had made against a defendant the claim made in the counterclaim and, accordingly, where the plaintiff or any other party against whom the counterclaim is made fails to serve a defence to counter- claim, those rules shall apply as if the counterclaim were a statement of claim, the defence to counterclaim a defence and the parties making the counterclaim and against whom it is made were plaintiffs and defendants respectively, and as if references to the period fixed by or under these rules for service of the defence were references to the period so fixed for service of the defence to counterclaim.
Setting aside judgment (O. 19, r. 9)
9. The Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.
ORDER 20
AMENDMENT
Amendment of writ without leave (O. 20, r. 1)
1. (1) Subject to paragraph (3), the plaintiff may, without the leave of the Court, amend the writ once at any time before the pleadings in the action begun by the writ are deemed to be closed.
(2) Where a writ is amended under this rule after service thereof, then, unless the Court otherwise directs on an application made ex parte, the amended writ must be served on each defendant to the action.
[Subsidiary]
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