Order 19 — Default of Pleadings

Where the claim is only for a debt or liquidated demand and the Defendant does not within the time allowed for the purpose file a defence, the Claimant may, at the expiration of such time, apply for final Judgement for the amount claimed with costs.

Where in any action there are several Defendants, and one of them is in default as mentioned in Rule 1 of this Order, the Claimant may apply for final Judgement against the Defendant in default and issue execution upon such Judgement without prejudice to his right to proceed with his action against the other Defendants.

(1) Where the claim is 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, defaults as mentioned in Rule 1 of this Order, the Claimant may apply to a Judge for Interlocutory Judgement 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 the value of the goods and damages are to be ascertained and, in all cases where declaratory reliefs are sought, the Judge shall set down the matter for trial unless he otherwise orders.

Where in any such action as in Rule 3 of this Order, there are several Defendants, if one or more of them make default as mentioned in Rule 1 of this Order, the Claimant may apply to a Judge for Interlocutory Judgement against the Defendant or Defendants so making default and proceed with his action against the others. In such case, the value and amount of damages against the Defendant making default shall be assessed at the trial of the action or issues therein against the other Defendants, unless the Judge shall otherwise order.

Where the claim is for debt or liquidated demand and also for pecuniary damages or for detention of goods with or without a claim for pecuniary damages and includes a liquidated demand and any Defendant makes default as mentioned in Rule 1 of this Order, the Claimant 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 3 and 4 of this Order.

Where the action is for the recovery of land, and the Defendant makes default as mentioned in Rule 1 of this Order, the Claimant may apply for Judgement that the person whose title is asserted in the Writ of Summons shall recover possession of the land with cost.

Where the Claimant has indorsed a claim for mesne profit or arrears of rent in respect of the premises claimed or any part thereof or damages for breach of contract or wrong or injury to the premises claimed upon a Writ for the recovery of land, and the Defendant makes default as mentioned in Rule 1 of this Order, or if there be more than one Defendant, some or one of the Defendants make such default, the Claimant may apply for final Judgement against the defaulting Defendant or Defendants and proceed as mentioned in Rules 3 and 4 of this Order.

Where the Claimant’s claim is for a debt or liquidated demand or for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages, or for any such matters or for the recovery of land and the Defendant files a defence which purports to offer an answer to part only of the Claimant’s alleged cause of action, the Claimant may apply for Judgement, final 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: Provided also that where there is a Counterclaim, execution on any such Judgement as above mentioned in respect of the Claimant’s claim shall not issue without leave of the Judge.

In all actions other than those in the preceding Rules of this Order, if the Defendant makes default in filing a defence, the Claimant may apply to a Judge for Judgement and such Judgement shall be given upon the Statement of Claim as the Judge shall consider the Claimant to be entitled to.

Where in any such action as mentioned in Rule 8 of this Order, there are several Defendants, and one of such Defendants makes such default as aforesaid, the Claimant may apply for Judgement against the Defendant so making default and proceed against the other Defendants.

In any case in which issues arise in a proceeding other than between Claimant and Defendant, if any party to any such issue makes default in filing any pleading, the opposing 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.

Any 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 within fourteen days only on grounds of fraud, non-service, misrepresentation of fact or lack of jurisdiction upon such terms as the Court may deem fit.