Order 9 — Default of Appearance

Where no appearance has been entered to an Originating Process for a Defendant who is an infant or a person under legal disability, the Claimant shall, before further proceeding with the action, apply to a Judge for an Order that some person be assigned guardian of such Defendant by whom he may appear and defend the action: Provided that no such Order shall be made unless it appears that the application was, after the expiration of the time allowed for appearance, and at least six clear days before the day named in such notice for the hearing of the application, served upon or left at the dwelling house of the person with whom or under whose care such Defendant was at the time of serving such Original Process, and also in the case of such Defendant being an infant not residing with or under the care of his father or guardian served upon or left at the dwelling house of the father or guardian, if any, of such infant, unless a Judge, at the time of hearing such application, dispenses with such last-mentioned service.

Where any Defendant fails to appear, a Claimant may proceed upon default of appearance under the appropriate provisions of these Rules upon proof of service of the Originating Process.

Where the claim in the Originating Process is for a liquidated demand and the Defendant fails, or all of several Defendants, if more than one, fail to appear thereto, final Judgment may be entered in favour of the Claimant for any sum endorsed on the Writ, together with interest at the rate specified, if any, or, if no rate is specified, at the rate of ten percent per annum to the date of Judgment and costs: Provided that this Rule shall not apply to an action by a Money Lender or an assignee for the recovery of money lent by a Money Lender or to an action for enforcement of any agreement or security relating to any such money.

Where the claim in the Originating Process is a liquidated demand and there are several Defendants of whom one or more appear and others fail to appear, a Claimant may have final Judgement entered for him, as in the preceding Rule, against those who have not appeared and may execute the judgement without prejudice to his right to proceed with the action against those who have appeared.

(1) Where the claim in the Originating Process is for pecuniary damages or for detention of good with or without claim for pecuniary damages, and:
(a) the Defendant or all of several Defendants fail to appear, or
(b) there are several Defendants, one or some of whom appear while another or others do not appear, a Claimant may apply for Judgement against the Defendant or Defendants failing to appear.

(2) The value of the goods and the damages or the damages only, as the case may be, shall be ascertained in such manner and subject to the filing of particulars as a Judge may direct before Judgement in respect of that part of the claim.

Where the claim in Originating Process is for pecuniary damages or for detention of goods with or without a claim for pecuniary damages and includes a liquidated demand and any of the Defendants fail to appear, a Claimant may apply to a Judge for Judgement. The value of the goods and the damages or the damages only as the case may be, shall be ascertained in such manner and subject to the filing of such particulars as a Judge may direct before Judgement in respect of that part of the claim.

(1) Where the claim is for the recovery of land, with or without any other related claim, and no appearance is entered within the time limited for appearance, the Claimant may apply to the Judge for Judgement and the person whose title is asserted in the Originating Process shall be entitled to an Order for the recovery of possession of the land.

(2) Where an appearance is entered but limited to part of the land only, the Claimant may have Judgment entered for the undefended part of his claim, and the rest of the claim may be proceeded with to trial.

Where in an Originating Process for recovery of land, a Claimant claims mesne profit, arrears of rent, damages for breach of contract or wrong or injury to the premises, he may apply for Judgement as in Rule 7 of this Order for the land and may proceed to prove the other claims.

In any case to which Rules 3-7 of this Order apply and the Defendant or all of several Defendants fail to appear, but in which by reason of payment, satisfaction, abatement of nuisance or any other reason, it is unnecessary for a Claimant to proceed, he may apply to a Judge for Judgement for costs: Provided that such application shall be filed and served in the manner in which service of the Originating Process was effected or in such manner as a Judge shall direct.

(1) Where an action is brought by a Money Lender or an assignee for the recovery of money lent by a money lender or the enforcement of any agreement or security relating to any such money, an application for leave to enter Judgment in default of appearance shall be made on notice returnable not less than four clear days after service of the notice.

(2) The notice shall not be issued until the time limited for entering appearance has expired, and an affidavit of service of the Originating Process has been filed.

(3) At the hearing of the application, whether Defendant appears or not, the Judge may exercise the relevant powers of the Court under the Money Lenders Law.

In all claims not specifically provided for under this Order, where the party served with the Originating Process does not appear within the time prescribed in these Rules, a Claimant may proceed as if appearance has been entered, and upon such hearing, the Judge may give any Judgment that the Claimant appears to be entitled to on the facts.

Notice of any application under this Order shall be served on the other party.

Where Judgement is entered pursuant to any of the preceding Rules of this Order, a Judge may set aside or vary such Judgement on just terms upon an application by the Defendant. The application shall be made within fourteen days, showing a good defence to the claim and a just cause for the default.