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The Reserve and Auxiliary Forces (Protection of Civil Interests) Rules 1951
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- UK Statutory Instruments
- 1951 No. 1401
- PART III
- Enforcement of Judgments
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Enforcement of Judgments
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.
Application for declaratory order
10.—(1) Where the plaintiff in an action obtains leave to enter judgment or obtains judgment at the trial, the defendant may, at the time when leave to enter judgment is given or at the trial when judgment is given, as the case may be, apply for a declaratory order in respect of the enforcement of the judgment.
(2) If a declaratory order has not been obtained under paragraph (1) of this Rule, the defendant may, at any time after judgment, apply by summons in the proceedings for a declaratory order in respect of the enforcement of the judgment.
Proceedings other than actions
11. Rules 9 and 10 shall apply to a counterclaim and to proceedings other than an action as they apply to an action with such modifications as may be necessary or as may be directed by the court or a judge.
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