--(1) Where a claim is served under rule 74.5(5) on a party at whose instance a caveat against arrest was issued, then if-
----(a) the sum claimed in the proceedings begun by the claim does not exceed the amount specified in the undertaking given by that party or his attorney-at-law to procure the entry of that caveat; and
--(b) that party or his attorney-at-law does not within 14 days after service of the claim fulfil the undertaking given by him as aforesaid,
--the claimant may, after filing an affidavit verifying the facts on which the proceedings is based, apply to the court for judgment by default.
--(2) Judgment given under paragraph (1) may be enforced by the arrest and an order for sale of the property against which the proceedings was brought and by committal of the party at whose instance the caveat with respect to that property was entered.
--(3) Where a defendant to a claim in rem fails to acknowledge service of the claim within the time limited for doing so, then, on the expiration of 14 days after service, of the claim and upon filing an affidavit proving due service of the claim, an affidavit verifying the facts on which the proceedings is based and, if a statement of case was not served with the claim form, a copy of the statement of case, the claimant may apply to the court for judgment by default and an order for sale.
--(4) Where the claim is deemed to have been duly served on the defendant by virtue of rule 5.17(2) (deemed service where defendant's attorney-at-law accepts service), or was served by the marshal or his substitute under rule 74.5(3), an affidavit proving due service of the claim need not be filed under this paragraph, but the certificate of service of the defendant's attorney-at-law or the indorsement of the marshal under rule 74.5(4) must be lodged with the affidavit verifying the facts on which the claim is based.
--(5) Where a defendant to a claim in rem fails to serve a defence on the claimant then, after the expiration of the period fixed by or under these Rules for service of the defence and upon filing an affidavit stating that no defence was served on him by that defendant during that period, an affidavit verifying the facts on which the proceedings is based and, if a statement of case was not served with the claim, a copy of the statement of case, the claimant may apply to the court for judgment by default and an order for sale.
--(6) Where a defendant to a counterclaim in a claim in rem fails to serve a defence to counterclaim on the defendant making the counterclaim, then, subject to paragraph (7), after the expiration of the period fixed by or under these Rules for service of the defence to counterclaim and upon filing an affidavit stating that no defence to counterclaim was served on him by the first-mentioned defendant during that period, an affidavit verifying the facts on which the counterclaim is based and a copy of the counterclaim, the defendant making the counterclaim may apply to the court for judgment by default.
--(7) No application may be made under paragraph (6) against the claimant in any such proceedings as is referred to in rule 74.2(g).
--(8) If the court is satisfied that the applicant's claim is well founded it may give judgment for the claim and may at the same time order the property against which the claim or, as the case may be, counterclaim is brought to be appraised and sold and the proceeds to be paid into court or may make such other order as it thinks just.
--(9) In default proceedings in rem evidence may, unless the court otherwise orders, be given by affidavit without any order or direction in that behalf.
--(10) The court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this rule.
--(11) Part 12 does not apply to a claim in rem.
Notes
Amended by Legal Notice 233 of 2005.
Amended by Legal Notice 140 of 2000.
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