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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:
(a)if the judge is not present, or
(b)if the plaintiff does not oppose the making of the order.
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