--(1) Where in proceedings covered by rule 74.19(1) the claimant fails to file a preliminary act within the prescribed period, any defendant who has filed such an act may apply to the court for an order to dismiss the proceedings, and the court may by order dismiss the proceedings or make such other order on such terms as it thinks fit.
--(2) Where in such proceedings, being a claim in personam, a defendant fails to file a preliminary act within the prescribed period, Part 12 applies as if the defendant's failure to file the preliminary act within that period were a failure by him to file a defence on the claimant within the period fixed for service of the defence, and the claimant, if he has filed a preliminary act may, subject to rule 12.2(2)(a), enter judgment against that defendant.
--(Rule 12.2(2)(a) deals with proceedings against a State)
--(3) Where in such proceedings, being a claim in rem, a defendant fails to file a preliminary act within the prescribed period, the claimant, if he has filed such an act, may apply to the court for judgment against that defendant, and it shall not be necessary for the claimant to file or serve a statement of case or an affidavit before the hearing.
--(4) On the hearing of an application under paragraph (3) the court may make such order as it thinks fit, and where the defendant does not appear on the hearing and the court is of the opinion that judgment should be given for the claimant provided he proves his case, it must order the claimant's preliminary act to be opened and require the claimant to satisfy the court that his claim is well founded. The claimant's evidence may, unless the court otherwise orders, be given by affidavit without any order or direction in that behalf.
--(5) Where the claimant in accordance with a requirement under paragraph (4) satisfies the court that his claim is well founded, the court may give judgment for the claim and may at the same time order the property against which the proceedings is brought to be appraised and sold and the proceeds to be paid into court or make such order as it thinks fit.
--(6) The court may, on such terms as it thinks fit, set aside any judgment entered in pursuance of this rule.
--(7) In this rule references to the prescribed period are to be construed as references to the period within which by virtue of rule 74.19(3) or of any order of the court a party is required to file a preliminary act.
Notes
Amended by Legal Notice 140 of 2000.
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