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

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Application for leave to proceed

9.—(1) Where the plaintiff in an action obtains leave to enter judgment or obtains judgment at the trial and leave to proceed is required, he may apply for leave to proceed at the time when leave to enter judgment is given or at the trial when judgment is given, as the case may be, on notice given in accordance with the provisions of the next following paragraph.

(2) The notice shall be in Form 1 and shall be served on the defendant not less than four clear days before the hearing of the application or summons for leave to enter judgment or before the trial, as the case may be, unless the court or a judge otherwise orders.

(3) Where leave to proceed is required and has not been obtained under paragraph (1) of this Rule, the plaintiff may, at any time after judgment, apply for leave to proceed by summons in the proceedings in Form 2.

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