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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE AND MISCELLANEOUS CIVIL PROCEEDINGS (SCALE OF COSTS AND OTHER AMENDMENTS) RULES 2012 (SR NO 158 OF 2012) - REG 6

Order where leave not granted

r. 6

    (1)     In the heading to Rule 9.05 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 [2] , after " granted " insert " or notice of defence not given ".

    (2)     For Rule 9.05(3)(b) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 substitute

    "(b)     the defendant—

              (i)     has not been given leave to defend under section 5 of the Act; or

              (ii)     has been given leave to defend under section 5 of the Act, but has not given notice of defence to the plaintiff within 21 days after the date on which leave to defend was given—".



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