Order 14 — Default of Pleadings

Where the plaintiff’s claim is only for a debt or liquidated demand and the defendant does not, within the time allowed by these Rules or as ordered by Court or Judge in Chambers for that purpose, file a defence, the plaintiff may at the expiration of the time, apply for final Judgement for the amount claimed, with costs.

Where in an action for a debt or liquidated demand there are several defendants, and one of them defaults as mentioned in rule 1 of this order the plaintiff may have final Judgement entered against the defendant so defaulting, and issue execution upon that Judgement without prejudice to his right to proceed with his action against the other defendant.

(1) Where the Claimant’s claim is only for pecuniary damages or for detention of goods with or without a claim for pecuniary damages, and the Defendant or all the Defendants, if more than one, make default as mentioned in Rule 1 of this Order, the Claimant may apply to a Judge for an interlocutory judgment against the Defendant or Defendants and the value of the goods and the damages, or the damages only as the case may be, shall be ascertained in any way which the judge may order.

(2) Where damages are to be ascertained and in any case where declaratory relief is sought, the Judge shall set down the matter for trial.

Where in an action under rule 3 of this order there are several defendants and one or more of them defaults as mentioned in rule 1 of this order, the plaintiff may apply to a Judge for an interlocutory Judgement against any of the defendants so defaulting and proceed with his action against the others; in such case the value and amount of damages against the defendant in default shall be assessed at the trial of the action or issues against the other defendants unless the Judge shall otherwise order.

Where the defendant is in default as mentioned in rule 1 of this order in a claim for:

(a) debt or liquidated demand and also for pecuniary damages; or

(b) for detention of goods with or without a claim for pecuniary damages and includes a liquidated demand, the plaintiff may apply to a Judge for final Judgement for the debt or liquidated demand, and may also apply for interlocutory Judgement for the value of the goods and damages or the damages only as the case may be and proceed as mentioned in rules 4 and 5 of this order.

Where the plaintiff’s claim is for:

(a) a debt or liquidated demand or for pecuniary damages only;

(b) detention of goods with or without a claim for pecuniary damages; or

(c) any other matter,

and the defendant files a defence- which purports to offer an answer to part only of the plaintiff’s alleged cause of action the plaintiff may apply for Judgement, formal or interlocutory, as the case may be, for the part unanswered:

Provided that the unanswered part consists of a separate cause of action or is severable from the rest, as in the case of part of a debt or liquidated demand.

And provided also that where there is a counter claim, execution of any such Judgement as above mentioned in respect of the plaintiff’s claim shall not be issued without leave of the Judge.

In any other action other than those in the preceding rules of this order, where the defendant makes default in filing a defence, the plaintiff may apply to a Judge for Judgement, and the Judgement shall be given upon the statement of claim as the Judge shall consider the plaintiff to be entitled to.

Where in any action as mentioned in rule 7 of this order, there are several defendants, if one of such defendants is in default as aforesaid, the plaintiff may apply for Judgement against the defendant so defaulting, and proceed against the other defendants.

In any case in which issues arise in a proceeding other than between plaintiff and defendant, where any party to such issue defaults in filing any pleading, the opposite party may apply to a Judge for such Judgement, if any, as upon the pleadings he may appear to be entitled to, and the Judge may order Judgement to be entered accordingly or may make such other order as may be necessary to do justice between the parties.

A Judgement by default whether under this order or under any order of these Rules shall be final and remain valid and may only be set aside upon application to the Judge on grounds of fraud, non-service or lack of jurisdiction upon such terms as the Court may deem fit.

In this order a defendant makes default in pleading where he fails to file and serve his statement of defence on the plaintiff within the time fixed for doing so by these Rules or by the Court.