11. Execution on Judgment by Default. The same as in ordinary cases, except in case of a judgment on a bond within the statute 8 & 9 Will. 3, c. 11, s. 8, as to which see post," Actions on Bonds." 12. Application to set aside Julgment signed in Default of Defence (i). [Formal parts as usual] for an order that the judgment signed [and execution issued, and subsequent proceedings, as the case may be] herein be set aside [when the judgment has been irregularly signed, add with costs. for irregularity on the ground that (stating the ground), and that the plaintiff do pay the costs of and occasioned by this application]. 13. Affidavit by Defendant in Support of Application (k). See the form, ante, p. 83, No. 18, from which an affidavit applicable to the present case may be framed. 14. The like, by his Solicitor or Solicitor's Clerk. [Title, &c., as in form No. 1, supra.] 1. I, D. Z., of, the solicitor in this action for the above-named defendant [or clerk to E. Z., of, the defendant's solicitor herein, and as such clerk having the sole management of the defence herein], make oath and say that the defendant has a good defence to this action on the merits, as I am informed by [him] and verily believe [or as I am instructed and verily believe]. 2. [Here set out facts showing how default arose. See form, ante, p. 83.] Sworn [&c., as usual]. SECTION III.--WHERE PARTIES TO ISSUE OTHER THAN PLAINTIFF OR DEFENDANT MAKE DEFAULT. By Ord. XXVII., r. 14, “In any case in which issues arise in an action other than between plaintiff and defendant, if any party to any such (1) Setting aside Judgment signed in Default of Defence.]—By Ord. XXVII., r. 15, "Any judgment by default, whether under this Order or under any other of these Rules, may be set aside by the Court or a Judge, upon such terms as to costs or otherwise as such Court or Judge may think fit." (k) Affidavit in Support.]—If the judgment was regular, the application must be supported by an affidavit of merits (Watt v. Barnett, 3 Q. B. D. 183; affirmed, id. 363 ; Smith v. Dobbin, 3 Ex. D. 338; 37 L. T. 388, 777, per Brett, L.J.). issue makes default in delivering any pleading, the opposite party may apply to the Court or a Judge for such judgment, if any, as upon the pleadings he may appear to be entitled to. And the Court or Judge may order judgment to be entered accordingly, or may make such other order as may be necessary to do complete justice between the parties." See form of judgment on order, post, Part XII., Chap. II. VIII. IX. . X. JOINDER OF CAUSES OF ACTION AND ORDERING 201 JUNCTION, AND RECEIVERS. XIII. INTERLOCUTORY ORDERS AS TO CUSTODY, IN XIV. SPECTION, SALE, &c. OF PROPERTY. COMPOUNDING PENAL ACTIONS . . XV. AMENDING PROCEEDINGS AND SETTING ASIDE PROCEEDINGS FOR IRREGULARITY 208 224 229 232 Let all parties concerned attend the Master in Chambers, at the Central Office, Royal Courts of Justice, Strand, London, on [Tues]day, the day (a) By R. S. C., Ord. XXX., r. 1, "(a) Subject as hereinafter mentioned, in every (b) See note (b), p. 154. of 19—, at o'clock in the fore [or after]noon, on the hearing of an application on the part of the plaintiff, to show cause why an order for directions should not be made in this action as follows : Pleadings-[(E.g.) Statement of claim containing full particulars, in [Particulars -] Admissions : : days. Defence containing full particulars, in days. Discovery -[(E.g.) That after defence delivered the plaintiff and defendant do respectively, within ten days after service of copy receipt for deposit in Court, file an affidavit of documents.] Interrogatories:-[(E.g.) For leave to interrogate the be filed within (ten) days.] Inspection of documents : Inspection of real or personal property : Commissions :— Examination of witnesses : Place of Trial: : Answers to Mode of Trial : Any other interlocutory matter or thing:-[Liberty to apply, and that the costs of this application be costs in the cause.] [Insert opposite each of the above matters the specific directions, if any, which the plaintiff intends to apply for in respect of that particular matter. Omit the matters in respect of which no directions are desired.] action a summons for directions shall be taken out by the plaintiff returnable in not less than four days." "(b) Such summons shall be taken out after appearance and before the plaintiff takes any fresh step in the action other than application for an injunction, or for a receiver, or for summary judgment under Order XIV., or to enter judgment in default of defence under Order XXVII., Rule 2." "(c) The summons shall be in the form No. 34, Appendix K., with such variations as circumstances may require, and shall be addressed to and served upon all such parties to the action as may be affected thereby." "(d) This Rule shall not apply . . . to actions coming under the provisions of Order XVIIIA., or to proceedings commenced by originating summons." "(e) Where, under Order XVIIIA., the defendant applies for a statement of claim the Judge may deal with such application as if the plaintiff had been entitled to take out and had taken out a summons for directions." By Ord. XIV., r. 8 (a), " Where leave, whether conditional or unconditional, is given to defend, the Judge shall have power to give all such directions as to the further conduct of the action as might be given on a summons for directions under Order XXX., and may order the action to be forthwith set down for trial." (b) This form is framed from that prescribed by Ord, XXX., r. 1 (c), supra. solicitor [or agent for This summons was taken out by X. Y., of C. S., of, solicitor] for the [plaintiff]. To the [defendant], and Mr. Z., his solicitor [or agent]. Upon hearing the solicitors on both sides, the following directions are hereby given, and it is ordered [&c., stating the directions given, e.g.] That there be pleadings in the action, as follows: Statement of claim containing full particulars, to be delivered in days from this date. Defence containing full particulars, in days from delivery of statement of claim. [or That the (plaintiff) deliver to the (defendant) an account in writing of the particulars of, and that unless such particulars be delivered within days from this date, all further proceedings be stayed until the delivery thereof, and that the defendant have of the said particulars to deliver his defence.] days after delivery (e) By Ord. XXX., r. 2, “Upon the hearing of the summons the Court or a Judge shall, so far as practicable, make such order as may be just with respect to all the interlocutory proceedings to be taken in the action before the trial, and as to the costs thereof, and more particularly with respect to the following matters :-Pleading, particulars, admissions, discovery, interrogatories, inspection of documents, inspection of real or personal property, commissions, examination of witnesses, place and mode of trial. Such order shall be in the form No. 4A, Appendix K., with such variations as circumstances may require." By r. 3, No affidavit shall be made or used on the hearing of the said summons except by special order of the Court or a Judge.” By r. 4, On the hearing of the summons any party to whom the summons is addressed shall, so far as practicable, apply for any order or directions as to any interlocutory matter or thing in the action which he may desire." By r. 7. "On the hearing of the summons, the Court or a Judge may order that evidence of any particular fact, to be specified in the order, shall be given by statement on oath of information or belief, or by production of documents or entries in books, or by copies of documents or entries or otherwise as the Court or Judge may direct." The above form is framed from that prescribed by r. 2, supra, and from official forms which have been successively substituted in practice for the prescribed form. |