Order 37, rule 19 of Civil Procedure Rules : Powers of court upon hearing of summons

    

(1) Where, on an originating summons under this Order, it appears to the court at any stage of the proceedings that the proceedings should for any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings, with or without liberty to any of the parties to add to, or to apply for particulars of, those affidavits.
(2) Where the court makes an order under subrule (1), Order 11 shall apply.
(3) This rule applies notwithstanding that the cause could not have been begun by filing a plaint.
(4) Any reference in these Rules to proceedings begun by a plaint shall, unless the context otherwise requires, be construed as including a reference to a cause proceeding under an order made under subrule (1).


Disclaimer: This document is not to be taken as legal advise.

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