Order 33 — Default of Pleadings

If the Claim is for debt or liquidated demand only, 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 judgment for the amount claimed with costs.

When in any such action as in Rule 1 of this Order there are several Defendants, if one of them makes a default as mentioned in Rule 1 of this Order, the Claimant may apply for judgment against the Defendant making default and issue execution upon such judgment without prejudice to Claimant’s right to proceed with the action against the other party or parties as the case may be.

(1) If the Claimant’s claim be 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 the Court for judgment against the Defendant or Defendants and the amount of the pecuniary damages, or the damages only as the case may be, shall be ascertained in any way the Court may order.

(2) Where damages are to be ascertained and in all cases where declaratory reliefs are sought, the Court shall set down the matter for trial.

When in any such action as in Rule 3 of this Order there are several Defendants, if one or more of them makes default as mentioned in Rule 1 of this Order, the Claimant may apply to the Court for judgment against the Defendant or Defendants so making default and proceed with Claimant’s action against the others; as the case may be.
Provided that the amount of damages against the Defendant making default shall be assessed at the trial of the action or issues therein against the other Defendant, unless the Court otherwise order.

If the Claimant’s claim is for a debt or liquidated demand or for pecuniary damages only, 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 judgment, 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 Counter Claim, execution on any such judgment as above mentioned in respect of the Claimant’s claim shall not issue without leave of the Court.

(1) 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 the Court for judgment, and such judgment shall be given upon the Statement of Facts as the Court shall consider the Claimant to be entitled to.

(2) Where there is no Defence and the matter before the Court cannot be adjudged without the Claimant adducing evidence to prove the case before the Court, the Claimant shall make an application to set the matter down for trial before the Court which shall upon consideration and grant of the application proceed to hear the matter at the trial Court.

Any judgment 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 Court on grounds of fraud, non-service or of lack of jurisdiction and upon such terms as the Court may deem fit.