Order 10, rule 2 of Civil Procedure Rules : 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 process-server appointed by the court.
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- 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.
- Order 12, rule 2 - When only plaintiff attends
If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the plaintiff attends, if the court is satisfied—
(a) that notice of hearing was duly served,...
- Order 12, rule 3 - When only defendant attends
(1) If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the defendant attends and he admits no part of the claim, the suit shall be dismissed except...
- Order 12, rule 4 - When some only of plaintiffs attend
If only some of the plaintiffs attend, the court may either proceed with the suit or make such other order as may be just.
- Order 12, rule 5 - When some only of defendants attend
If only some of the defendants attend, the court may proceed with the suit and may give such judgment as is just in respect of the defendants who have not attended.
- Order 12, rule 6 - Effect of dismissal
(1) Subject to subrule (2) and to any law of limitation of actions, where a suit is dismissed under this Order the plaintiff may bring a fresh suit.
(2) When a suit has been dismissed under rule 3...
- Order 12, rule 7 - Setting aside judgment or dismissal
Where under this Order judgment has been entered or the suit has been dismissed, the court, on application, may set aside or vary the judgment or order upon such terms as may be just.
- Order 13, rule 1 - Notice of admission of case
Any party to a suit may give notice by his pleading, or otherwise in writing, that he admits the truth of the whole or part of the case of any other party.
- Order 13, rule 2 - Judgment on admissions
Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions he may be...
- Order Order 14, rule 1 - Endorsements on documents admitted in evidence
(1) Subject to subrule (2), there shall be endorsed on every document which has been admitted in evidence in the suit the following particulars—
(a) the number and title of the suit;
(b) the party...
- Order 14, rule 2 - Endorsements on copies of admitted entries in books, accounts, and records
(1) Save in so far as is otherwise provided by any law relating to the production in evidence of bankers’ books, where a document admitted in evidence in the suit is an entry in a letter-book or a...
- Order 14, rule 3 - Record of admitted and return of rejected documents
(1) Every document which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 2, shall form part of the record of the suit.
(2) Documents...
- Order 14, rule 4 - Court may order any document to be impounded
Notwithstanding anything hereinbefore contained, the court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an...
- Order 14, rule 5 - Return of admitted documents
(1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record, shall, unless the document is impounded under rule 4,...
- Order 14, rule 6 - Court may send for records of its own or of other Court
(1) The court may of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, either from its own records, or from any other court, the record of any...
- Order 14, rule 7 - Provisions as to documents applied to material objects
The provisions herein contained as to documents shall, so far as may be, apply to all other material objects producible as evidence.
- Order 15, rule 1 - Framing of issues
(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.
(2) Issues are of two kinds—
(a) issues of fact; and (b) issues of law....
- Order 15, rule 2 - Materials from which issues may be framed
The court may frame the issues from all or any of the following materials—
(a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the advocates of such...
- Order 16, rule 1 - Summons to attend to give evidence or produce documents
At any time before the trial conference under Order 11 the parties may obtain, on application to the court or to such officer as it appoints in this behalf, summonses to persons whose attendance is...
- Order 16, rule 2 - Expenses of witnesses to be paid into court on applying for summons
(1) The party applying for a summons shall, before the summons is granted and within a period to be fixed, pay into court such sum of money as appears to the court to be sufficient to defray the...
- Order 16, rule 3 - Tender of expenses or notification of sum lodged
The sum so paid into court shall be tendered to the person summoned at the time of serving the summons, if it can be served personally; or if the court so directs the person summoned may be notified...
- Order 16, rule 4 - Procedure where insufficient sum paid in. Expenses of witnesses detained more than one day
(1) Where it appears to the court or to such officer as it appoints in this behalf that the sum so paid into court is not sufficient to cover such expenses or reasonable remuneration, the court may...
- Order 16, rule 5 - Time, place, and purpose of attendance to be specified in summons
Every summons for the attendance of a person to give evidence or to produce a document shall specify the time and place at which he is required to attend, and whether his attendance is required for...
- Order 16, rule 6 - Summons to produce documents
Any person may be summoned to produce a document without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he...
- Order 16, rule 7 - Power to require persons present in court to give evidence or produce document
Any person present in court may be required by the court to give evidence or to produce any document there and then in his possession or power
- Order 16, rule 8 - Summons, how served
Every summons under this Order shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order 5 as to proof of service shall apply in the case of all...
- Order 16, rule 9 - Time for serving summons
(1) Service shall in all cases be made within sufficient time before the time specified in the summons for the attendance of the person summoned to allow him a reasonable time for preparation and for...
- Order 16, rule 10 - Procedure where witness fails to comply with summons
(1) Where a person to whom a summons has been issued, either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the court...
- Order 16, rule 11 - If witness appears attachment, may be withdrawn
Where, at any time after the attachment of his property, such person appears and satisfies the court—
(a) that he did not, without lawful excuse, fail to comply with the summons or intentionally...
- Order 16, rule 12 - Procedure if witness fails to appear
The court may, where such person does not appear, or appears but fails so to satisfy the court, impose upon him such fine as it thinks fit, having regard to his condition in life and all the...
- Order 16, rule 13 - Mode of attachment
The provisions with regard to the attachment and sale of property in the execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale under this Order as...
- Order 16, rule 14 - Duty of persons summoned to give evidence or produce document
Whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to...