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The Rules of the Supreme Court (Amendment No. 3) 1982

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10.  Order 21, rule 2 shall be amended as follows:—

(1) There shall be inserted in paragraph (2), after the words “a defendant”, the words “to an action begun by writ”.

(2) There shall be inserted in paragraph (3), after the words “to an action”, the words “begun by writ”.

(3) There shall be inserted after paragraph (3) the following new paragraphs:—

(3A) The plaintiff in an action begun by originating summons may, without the leave of the Court, discontinue the action or withdraw any particular question or claim in the originating summons, as against any or all of the defendants at any time not later than 14 days after service on him of the defendant's affidavit evidence filed pursuant to Order 28, rule 1A(2) or, if there are two or more defendants, of such evidence last served, by serving a notice to that effect on the defendant concerned.

(3B) When there are two or more defendants to an action begun by originating summons not all of whom serve affidavit evidence on the plaintiff, and the period fixed by or under these rules for service by any of those defendants of his affidavit evidence expires after the latest date on which any other defendant serves his affidavit evidence, paragraph (3A) shall have effect as if the reference therein to the service of the affidavit evidence last served were a reference to the expiration of that period..

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