Order 23 — Default of Pleadings

If 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 Plaintiff may, at the expiration of such time, apply for final judgment for the amount claimed with costs.

Where in any such action as in Rule 1 of this Order there are several Defendants, if one or more of them make default as mentioned in Rule 1 of this Order, the Plaintiff may apply for final judgment against the Defendant or Defendants making default and issue execution upon such judgment without prejudice to the Plaintiff’s right to proceed with the action against the other Defendant or Defendants.

If the Plaintiff’s claim be for pecuniary damages or for detention of goods with or without a claim for pecuniary damages only and the Defendant or all the Defendants, if more than one, make default as mentioned in Rule 1 of this Order, the Plaintiff may apply to a Judge for 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.

(1) When 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 Plaintiff may apply to a Judge for interlocutory judgment against the Defendant or Defendants so making default and proceed with the action against the others.

(2) In such case the value and amount of damages against the Defendant or Defendants 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 Plaintiff may apply to a Judge for:

(a) final judgment for the debt or liquidated demand;

(b) interlocutory judgment 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.

In an action for the recovery of land, if the Defendant makes default as mentioned in Rule 1, the Plaintiff may apply for judgment stating that the person whose title is asserted in the writ of summons shall recover possession of the land with costs.

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

If the Plaintiff’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 Plaintiff’s alleged cause of action, the Plaintiff may apply for judgment, 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 judgment as above mentioned in respect of the Plaintiff’s claim shall not issue without leave of the Judge.

(1) In all actions other than those in the preceding rules of this Order, if the Defendant makes default in filing a defence, the Plaintiff may apply to a Judge for judgment, and such judgment shall be given upon the statement of claim as the Judge shall consider just and appropriate.

(2) Where there is no defence and the matter before the Court cannot be adjudged without the Plaintiff adducing evidence to prove the case, the Plaintiff shall apply to set the matter down for trial and the Judge shall proceed to hear the matter.

Where in any such action as mentioned in Rule 9 of this Order, there are several Defendants, if one of such Defendants makes such default as aforesaid, the Plaintiff may apply for judgment 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 Plaintiff and Defendant, if any party to any such issue makes default in filing any pleading, the opposite party may apply to a Judge for such judgment, if any, as upon the pleadings the party may appear to be entitled to, and the Judge may order judgment to be entered accordingly or may make such other order as may be necessary to do justice between the parties.

Where judgment is entered under this Order, it may only be set aside upon an application to a Judge on grounds of fraud, non-service or lack of jurisdiction and upon such terms as the Court may deem fit.