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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 29.12.1

Default notice

    (1)     This Rule shall not limit the power of the Court under Rule 24.02.

    (2)     If a party required to make discovery of documents fails to make discovery within the time limited by these Rules or fixed by any order of the Court, the party entitled to the discovery may serve on that party a notice in Form 29D.

    (3)     If, within seven days after service of a notice under paragraph (2), the party on whom the notice is served does not make discovery, the Court may order

        (a)     if the party required to make discovery is the plaintiff, that the proceeding be dismissed;

        (b)     if the party required to make discovery is a defendant, that the defendant's defence, if any, be struck out.

    (4)     This Rule, with any necessary modification, applies to a counterclaim and to a claim by third party notice as if the counterclaim or the third party claim were a proceeding.

    (5)     For the purpose of Rule 21.02(1), a defendant whose defence is struck out in accordance with paragraph (3) shall be taken to be a defendant who, being required to serve a defence, does not do so within the time limited for that purpose.

    (6)     The Court may set aside or vary an order made under paragraph (3).



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