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The Reserve and Auxiliary Forces (Protection of Civil Interests) Rules 1951

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Application for declaratory order

23.—(1) Where judgment has been obtained against a defendant in an action, he may apply at the time of judgment or subsequently for a declaratory order in respect of the enforcement of the judgement.

(2) If the application is made after judgment, it shall be on notice under Order XIII, Rule 1.

(3) The application may be heard and determined notwithstanding that there is no appearance by the plaintiff or defendant.

(4) The application shall be heard by the judge:

Provided that, with leave of the judge, the registrar may make such order as he thinks just—

(a)if the judge is not present, or

(b)if the plaintiff does not oppose the making of the order.

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