Order 7, rule 12 of Civil Procedure Rules : Exclusion of counterclaim
Where a defendant sets up a counterclaim, if the plaintiff or any other person named in the manner aforesaid as party to such counterclaim contends that the claim thereby raised ought not to be disposed of by way of counterclaim, but in an independent suit, he may at any time before reply, apply to the court for an order that such counterclaim may be excluded, and the court may, on the hearing of such application, make such order as shall be just.
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- Order 7, rule 13 - Discontinuance, stay or dismissal of suit
If, in any case in which the defendant sets up a counterclaim the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.
- Order 7, rule 14 - Judgment for balance
Where in any suit a set-off or counterclaim is established as a defence against the plaintiff’s claim, the court may, if the balance is in favour of the defendant, give judgment for the defendant for...
- Order 7, rule 15 - Defence or set-off founded on separate grounds
Where the defendant relies upon several distinct grounds of defence or set-off founded upon separate and distinct facts, they shall be stated, as far as practicable, separately and distinctly.
- Order 7, rule 16 - New ground of defence
(1) Any ground of defence which has arisen after action brought, but before the defendant has delivered his defence and before the time limited for his doing so has expired, may be raised by the...
- Order 7, rule 17 - Subsequent pleadings
(1) A plaintiff shall be entitled to file a reply within fourteen days after the defence or the last of the defences has been served on to him, unless the time is extended.
(2) No pleading...
- Order 7, rule 18 - Filing subsequent pleadings
(1) Subject to rule 8 all pleadings (including amended pleadings) subsequent to the plaint shall be filed in duplicate.
(2) The court may return the duplicate to an advocate who shall deliver it to...
- Order 7, rule 19 - Register of documents
(1) A register of documents shall be kept at every registry in which the following particulars in respect of each such document shall be entered, namely—
(a) the number of the document;
(b) the...
- Order 7, rule 20 - Service of documents
Documents under this order shall be served in the manner prescribed under Order 5 of these Rules.
- Order 8, rule 1 - Amendment of pleading without leave
(1) A party may, without the leave of the court, amend any of his pleadings once at any time before the pleadings are closed.
(2) Where an amended plaint is served on a defendant—
(a) if he has...
- Order 8, rule 2 - Application for disallowance of amendment
(1) Within fourteen days after the service on a party of a pleading amended under rule 1(1), that party may apply to the court to disallow the amendment.
(2) When the court hearing an application...
- Order 8, rule 3 - Amendment of pleading with leave
(1) Subject to Order 1, rules 9 and 10, Order 24, rules 3, 4, 5 and 6 and the following provisions of this rule, the court may at any stage of the proceedings, on such terms as to costs or otherwise...
- Order 8, rule 4 - Amendment of originating process
Rule 3 shall have effect in relation to an originating summons, a petition and an originating notice of motion as it has effect in relation to a plaint.
- Order 8, rule 5 - General power to amend
(1) For the purpose of determining the real question in controversy between the parties, or of correcting any defect or error in any proceedings, the court may either of its own motion or on the...
- Order 8, rule 6 - Failure to amend after order
Where the court has made an order giving any party leave to amend, unless that party amends within the period specified or, if no period is specified, within fourteen days, the order shall cease to...
- Order 8, rule 7 - Mode of amendment
(1) Every pleading and other documents amended under this Order shall be endorsed with the date of the amendment and either the date of the order allowing the amendment or, if no order has been made,...
- Order 8, rule 8 - Procedure
The court may hear and determine an oral application made under this Order.
- Order 9, rule 1 - Applications, appearances or acts in person, by recognized agent or by advocate
Any application to or appearance or act in any court required or authorized by the law to be made or done by a party in such court may, except where otherwise expressly provided by any law for the...
- Order 9, rule 2 - Recognized agents
The recognized agents of parties by whom such appearances, applications and acts may be made or done are—
(a) subject to approval by the court in any particular suit persons holding
powers of...
- Order 9, rule 3 - Service of process on recognized agent
(1) Processes served on the recognized agent of a party shall be as effectual as if the same had been served on the party in person, unless the court otherwise directs.
(2) The provisions for the...
- Order 9, rule 4 - Agent to accept service
(1) Besides the recognized agents described in rule 2, any person residing within the jurisdiction of the court may be appointed an agent to accept service of process.
(2) Such appointment may be...
- Order 9, rule 5 - Change of advocate
A party suing or defending by an advocate shall be at liberty to change his advocate in any cause or matter, without an order for that purpose, but unless and until notice of any change of advocate is...
- Order 9, rule 6 - Service of notice of change of advocate
The party giving the notice shall serve on every other party to the cause or matter (not being a party in default as to entry of appearance) and on the former advocate a copy of the notice endorsed...
- Order 9, rule 7 - Notice of appointment of advocate
Where a party, after having sued or defended in person, appoints an advocate to act in the cause or matter on his behalf, he shall give notice of the appointment, and the provisions of this Order...
- Order 9, rule 8 - Notice of intention to act in person
(1) Where a party, after having sued or defended by an advocate, intends to act in person in the cause or matter, he shall give a notice stating his intention to act in person and giving an address...
- Order 9, rule 9 - Change to be effected by order of court or consent of parties
When there is a change of advocate, or when a party decides to act in person having previously engaged an advocate, after judgment has been passed, such change or intention to act in person shall not...
- Order 9, rule 10 - Procedure
An application under rule 9 may be combined with other prayers provided the question of change of advocate or party intending to act in person shall be determined first.
- Order 9, rule 11 - Power to act in person or through new advocate
The party who gives notice under rule 8 or obtains an order under rule 9 may perform the duties prescribed under this Order in person or through his new advocate.
- Order 9, rule 12 - Removal of advocate from record at instance of another party
(1) Where an advocate who has acted for a party in a cause or matter has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll...
- Order 9, rule 13 - Withdrawal of advocate who has ceased to act for a party
(1) Where an advocate who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with this Order, the advocate may on notice to be...
- Order 10, rule 1 - Suits against infants and persons of unsound mind
(1) Where no appearance has been entered for a defendant who is an infant or person of unsound mind, before proceeding further the plaintiff shall apply to the court for an order that some proper...
- Order 10, rule 2 - Affidavit of service upon non-appearance
Where any defendant fails to appear and the plaintiff wishes to proceed against such defendant he shall file an affidavit of service of the summons unless the summons has been served by a...
- Order 10, rule 3 - Failure to serve
Where a defendant fails to serve either the memorandum of appearance or defence within the prescribed time, the court may on its own motion or on application by the plaintiff, strike out the...
- Order 10, rule 4 - Judgment upon a liquidated demand
(1) Where the plaint makes a liquidated demand only and the defendant fails to appear on or before the day fixed in the summons or all the defendants fail so to appear, the court shall, on request in...
- Order 10, rule 5 - Liquidated demand against several defendants
Where the plaint makes a liquidated demand with or without some other claim, and there are several defendants of whom one or more appear and any other fails to appear, the court shall, on request in...
- Order 10, rule 6 - Interlocutory judgment
Where the plaint is drawn with a claim for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages, and any defendant fails to appear, the court shall, on...
- Order 10, rule 7 - Interlocutory judgment where several defendants
Where the plaint is drawn as mentioned in r. 6 and there are several defendants of whom one or more appear and any other fails to appear, the court shall, on request in Form No. 13 of Appendix A,...
- Order 10, rule 8 - Judgment in default against the Government
No judgment in default of appearance or pleading may be entered against the Government without the leave of the court and any application for leave shall be served not less than seven days before the...
- Order 10, rule 9 - General rule where no appearance entered
Subject to rule 4, in all suits not otherwise specifically provided for by this Order, where any party served does not appear the plaintiff may set down the suit for hearing.
- Order 10, rule 10 - Default of defence
The provisions of rules 4 to 9 inclusive shall apply with any necessary modification where any defendant has failed to file a defence.
- Order 10, rule 11 - Setting aside judgment
Where judgment has been entered under this Order the court may set aside or vary such judgment and any consequential decree or order upon such terms as are just.
- Order 11, rule 1 - Application
This Order shall apply to all suits except small claims or such other suits as the court may by order exempt from this requirement.
- Order 11, rule 2 - Pre-trial questionnaire
After the close of the pleading's parties shall within ten days complete, file and serve the pre-trial questionnaire as provided in Appendix B.
- Order 11, rule 3 - Case Conference
(1) With a view to furthering expeditious disposal of cases and case management the court shall within thirty days after the close of pleadings convene a Case Conference in which it shall—...
- Order 11, rule 4 - Case conference Order
Upon conclusion of the case conference the court shall issue a Case Conference Order in terms of Appendix C.
- Order 11, rule 5 - Settlement conference Order
(1) With a view to providing an opportunity for settlement in every suit to which this Order applies the court shall within sixty days of the case conference in the case of a fast track case, and...
- Order 11, rule 6 - Trial conference
Each party shall at least ten days before the trial conference, complete, file and exchange trial conference questionnaire form in Appendix D.
- Order 11, rule 7 - Trial Conference
(1) At least thirty days before the hearing date of the suit a Trial Conference shall be convened by the court for the following purposes—
(a) planning of trial time;
(b) exploring the most...
- Order 11, rule 8 - Trial Conference Order
The memorandum and order stipulated in rule 4(4) shall bind the parties unless the court otherwise orders.
- Order 11, rule 9 - Case managers
For the purposes of this Order, the Chief Justice may appoint case management judges and such number of case managers as he shall deem necessary.
- Order 12, rule 1 - When neither party attends
If on the day fixed for hearing, after the suit has been called on for hearing outside the court, neither party attends, the court may dismiss the suit.