Order 10, rule 7 of Civil Procedure Rules : Interlocutory judgment where several defendants

No judgment in default of appearance or pleading may be entered against the Government without the leave of the court and any application for leave shall be served not less than seven days before the...

Subject to rule 4, in all suits not otherwise specifically provided for by this Order, where any party served does not appear the plaintiff may set down the suit for hearing.

The provisions of rules 4 to 9 inclusive shall apply with any necessary modification where any defendant has failed to file a defence.

Where judgment has been entered under this Order the court may set aside or vary such judgment and any consequential decree or order upon such terms as are just.

This Order shall apply to all suits except small claims or such other suits as the court may by order exempt from this requirement.

After the close of the pleading's parties shall within ten days complete, file and serve the pre-trial questionnaire as provided in Appendix B.

(1) With a view to furthering expeditious disposal of cases and case management the court shall within thirty days after the close of pleadings convene a Case Conference in which it shall—...

Upon conclusion of the case conference the court shall issue a Case Conference Order in terms of Appendix C.

(1) With a view to providing an opportunity for settlement in every suit to which this Order applies the court shall within sixty days of the case conference in the case of a fast track case, and...

Each party shall at least ten days before the trial conference, complete, file and exchange trial conference questionnaire form in Appendix D.

(1) At least thirty days before the hearing date of the suit a Trial Conference shall be convened by the court for the following purposes— (a) planning of trial time; (b) exploring the most...

The memorandum and order stipulated in rule 4(4) shall bind the parties unless the court otherwise orders.

For the purposes of this Order, the Chief Justice may appoint case management judges and such number of case managers as he shall deem necessary.

If on the day fixed for hearing, after the suit has been called on for hearing outside the court, neither party attends, the court may dismiss the suit.

If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the plaintiff attends, if the court is satisfied— (a) that notice of hearing was duly served,...

(1) If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the defendant attends and he admits no part of the claim, the suit shall be dismissed except...

If only some of the plaintiffs attend, the court may either proceed with the suit or make such other order as may be just.

If only some of the defendants attend, the court may proceed with the suit and may give such judgment as is just in respect of the defendants who have not attended.

(1) Subject to subrule (2) and to any law of limitation of actions, where a suit is dismissed under this Order the plaintiff may bring a fresh suit. (2) When a suit has been dismissed under rule 3...

Where under this Order judgment has been entered or the suit has been dismissed, the court, on application, may set aside or vary the judgment or order upon such terms as may be just.

Any party to a suit may give notice by his pleading, or otherwise in writing, that he admits the truth of the whole or part of the case of any other party.

Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions he may be...

(1) Subject to subrule (2), there shall be endorsed on every document which has been admitted in evidence in the suit the following particulars— (a) the number and title of the suit; (b) the party...

(1) Save in so far as is otherwise provided by any law relating to the production in evidence of bankers’ books, where a document admitted in evidence in the suit is an entry in a letter-book or a...

(1) Every document which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 2, shall form part of the record of the suit. (2) Documents...

Notwithstanding anything hereinbefore contained, the court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an...

(1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record, shall, unless the document is impounded under rule 4,...

(1) The court may of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, either from its own records, or from any other court, the record of any...

The provisions herein contained as to documents shall, so far as may be, apply to all other material objects producible as evidence.

(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other. (2) Issues are of two kinds— (a) issues of fact; and (b) issues of law....

The court may frame the issues from all or any of the following materials— (a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the advocates of such...

At any time before the trial conference under Order 11 the parties may obtain, on application to the court or to such officer as it appoints in this behalf, summonses to persons whose attendance is...

(1) The party applying for a summons shall, before the summons is granted and within a period to be fixed, pay into court such sum of money as appears to the court to be sufficient to defray the...

The sum so paid into court shall be tendered to the person summoned at the time of serving the summons, if it can be served personally; or if the court so directs the person summoned may be notified...

(1) Where it appears to the court or to such officer as it appoints in this behalf that the sum so paid into court is not sufficient to cover such expenses or reasonable remuneration, the court may...

Every summons for the attendance of a person to give evidence or to produce a document shall specify the time and place at which he is required to attend, and whether his attendance is required for...

Any person may be summoned to produce a document without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he...

Any person present in court may be required by the court to give evidence or to produce any document there and then in his possession or power

Every summons under this Order shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order 5 as to proof of service shall apply in the case of all...

(1) Service shall in all cases be made within sufficient time before the time specified in the summons for the attendance of the person summoned to allow him a reasonable time for preparation and for...

(1) Where a person to whom a summons has been issued, either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the court...

Where, at any time after the attachment of his property, such person appears and satisfies the court— (a) that he did not, without lawful excuse, fail to comply with the summons or intentionally...

The court may, where such person does not appear, or appears but fails so to satisfy the court, impose upon him such fine as it thinks fit, having regard to his condition in life and all the...

The provisions with regard to the attachment and sale of property in the execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale under this Order as...

Whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to...

(1) A person so summoned and attending shall, unless the court otherwise directs, attend at each hearing until the suit has been disposed of. (2) The court may upon the oral application of either...

The provisions of rules 10 to 13 shall, so far as they are applicable, be deemed to apply to any person, who having attended in compliance with a summons, departs without lawful excuse in...

Where any person arrested under a warrant is brought before the court in custody, and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he has...

Where any party to a suit present in court refuses, without lawful excuse, when required by the court, to give evidence or produce any document there and then in his possession or power, the court may...

Where any party to a suit is required to give evidence, or to produce a document, the provisions as to witnesses shall apply to him so far as they are applicable.