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The Rules of the Supreme Court (Amendment No. 3) 1978

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3.  For Order 19, rule 4, there shall be substituted the following rule:—

Default of defence: claim for detention of goods

4.(1) Where the plaintiff's claim against a defendant relates to the detention of goods only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for the service of the defence and subject to Order 42, rule 1A,—

(a)at his option enter either—

(i)interlocutory judgment against that defendant for delivery of the goods or their value to be assessed and costs, or

(ii)interlocutory judgment for the value of the goods to be assessed and costs, or

(b)apply by summons for judgment against that defendant for delivery of the goods without giving him the alternative of paying their assessed value,

and in any case proceed with the action against the other defendants, if any.

(2) A summons under paragraph (1)(b) must be supported by affidavit and, notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.

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