1988 Ed.] The Rules of the Supreme Court-Order 21
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evidence on the plaintiff, and the period fixed by or under these rules for service by any of those defendants of his affidavit evidence expires after the latest date on which any other defendant serves his affidavit evidence, paragraph (3A) shall have effect as if the reference therein to the service of the affidavit evidence last served were a reference to the expiration of that period.
(4) If all the parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by producing to the Registrar a written consent to the action being withdrawn signed by all the parties.
Discontinuance of action, etc., with leave (O. 21, r. 3)
3. (1) Except as provided by rule 2, a party may not discontinue an action (whether begun by writ or otherwise) or counterclaim, or withdraw any particular claim made by him therein, without the leave of the Court, and the Court hearing an application for the grant of such leave may order the action or counterclaim to be discontinued, or any particular claim made therein to be struck out, as against any or all of the parties against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.
(2) An application for the grant of leave under this rule may be made by summons or motion or by notice under Order 25, rule 7.
Effect of discontinuance (O. 21, r. 4)
4. Subject to any terms imposed by the Court in granting leave under rule 3, the fact that a party has discontinued an action or counterclaim or withdrawn a particular claim made by him therein shall not be a defence to a subsequent action for the same, or substantially the same, cause of action.
Stay of subsequent action until costs paid (O. 21, r. 5)
5. (1) Where a party has discontinued an action or counterclaim or withdrawn any particular claim made by him therein and he is liable to pay any other party's costs of the action or counterclaim or the costs occasioned to any other party by the claim withdrawn, then, if, before payment of those costs, he subsequently brings an action for the same, or substantially the same, cause of action, the Court may order the proceedings in that action to be stayed until those costs are paid.
(2) An application for an order under this rule may be made by summons or motion or by notice under Order 25, rule 7.
Withdrawal of summons (O. 21, r. 6)
6. A party who has taken out a summons in a cause or matter may not withdraw it without the leave of the Court.
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1988 Ed.] The Rules of the Supreme Court-Order 21
[CAP. 4
evidence on the plaintiff, and the period fixed by or under these rules for service by any of those defendants of his affidavit evidence expires after the latest date on which any other defendant serves his affidavit evidence, paragraph (3A) shall have effect as if the reference therein to the service of the affidavit evidence last served were a reference to the expiration of that period.
(4) If all the parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by producing to the Registrar a written consent to the action being withdrawn signed by all the parties.
Discontinuance of action, etc., with leave (O. 21, г. 3)
3. (1) Except as provided by rule 2, a party may not discon- tinue an action (whether begun by writ or otherwise) or counter- claim, or withdraw any particular claim made by him therein, without the leave of the Court, and the Court hearing an application for the grant of such leave may order the action or counterclaim to be discontinued, or any particular claim made therein to be struck out, as against any or all of the parties against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.
(2) An application for the grant of leave under this rule may be made by summons or motion or by notice under Order 25, rule 7.
Effect of discontinuance (0. 21, r.
4.
4)
Subject to any terms imposed by the Court in granting leave under rule 3, the fact that a party has discontinued an action or counterclaim or withdrawn a particular claim made by him therein shall not be a defence to a subsequent action for the same, or substantially the same, cause of action.
Stay of subsequent action until costs paid (O. 21, r. 5)
5. (1) Where a party has discontinued an action or counter- claim or withdrawn any particular claim made by him therein and he is liable to pay any other party's costs of the action or counterclaim or the costs occasioned to any other party by the claim withdrawn, then, if, before payment of those costs, he subsequently brings an action for the same, or substantially the same, cause of action, the Court may order the proceedings in that action to be stayed until those costs are paid.
(2) An application for an order under this rule may be made by summons or motion or by notice under Order 25, rule 7.
Withdrawal of summons (O. 21, r. 6)
6. A party who has taken out a summons in a cause or matter may not withdraw it without the leave of the Court.
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