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41.12.—(1) If a party–
(a)fails to comply with a requirement of rule 41.11(1) (lodging of case in court), and
(b)does not apply to be reponed under rule 41.13 (reponing against deemed abandonment),
he shall be deemed to have abandoned his appeal.
(2) Where a party is deemed to have abandoned his appeal under paragraph (1) and another party has also applied for a case and has had no opportunity of proceeding with his appeal, the party deemed to have abandoned his appeal shall–
(a)intimate to that other party that his appeal is abandoned, and
(b)send the case to that other party;
and that other party shall be entitled to proceed in accordance with rule 41.11.
(3) In the application of rule 41.11 to a party entitled to proceed by virtue of paragraph (2) of this rule, for the words “on which the case” to “rule 41.9(6) or 41.10(3), as the case may be” in paragraph (2)(b) of that rule, there shall be substituted the words “of intimation of abandonment under rule 41.12 (2)”.
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