(2) Where the plaintiff makes such claim as is mentioned in paragraph (1) of this Rule, against more than one
defendant, then, if one of the defendants makes default as mentioned in that paragraph, the plaintiff may
(a) if his claim against the defendant in default is severable from his claim against the other defendants;
(b) apply under that paragraph for judgment against that defendant and proceed with the action against the other
defendants; or
(c) set down the action on motion for judgment against the defendant in default at the time when the action is set
down for trial, or is set down on motion for judgment against the other defendants.
(3) An application under paragraph (1) of this Rule shall be by summons or motion on notice.
9. A defendant who counter-claims against a plaintiff, shall be treated for the purposes of rules 2 to 8 of this
Order, as if he were a plaintiff who had made against a defendant the claim made in the counter-claim and
accordingly, where the plaintiff or any other person against the counter-claim, is made fails to serve a defence to
the counter-claim, those Rules shall apply as if the counter-claim were a statement of claim, the defence to the
counter-claim a defence and the parties making the counter-claim and against whom it is made were plaintiffs
and defendants respectively and as if references to the period fixed by or under these Rules for service of the
defence were references to the period so fixed for service of the defence to the counter-claim.
10. The Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this
Order.
11. In this Order, a party makes default in pleading when he fails to file and serve his statement of claim or
defence, as the case may be, on the opposite party within the time fixed for doing so by these Rules or by the
order of the court or a Judge in chambers.
Order 28
Interpleader
1. (1) Where(a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or
expects to be sued for or in respect of that debt or money or those goods or chattels by two or more persons
making adverse claims thereto; or
(b) a claim is made to any money, goods or chattels taken or intended to be taken by a sheriff in execution under
any process or to the proceeds or value of any such goods or chattels by a person other than the person against
whom the process is issued,
the person under liability as mentioned in paragraph (1)(a) of this rule or, as the case may be, the sheriff, may
apply to the Court for relief by way of interpleader.
(2) A references in this Order to sheriff shall be construed as including a reference to any other officer charged
with the execution of process by or under the authority of the Court.
2. (1) Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken
under process of the Court or to the proceeds or value of any such goods or chattels, shall give notice of his
claim to the sheriff charged with the execution of the process and shall include in his notice a statement of his
address and that address shall be his address for service.
(2) On receipt of a claim made under this rule, the sheriff shall forthwith give notice thereof to the execution
creditor and the execution creditor shall, within 7 days after receiving the notice, give notice to the sheriff
informing him whether he admits or disputes the claim.
(3) An execution creditor who gives notice in accordance with this provision admitting the claim shall only be
liable to the sheriff for any fees and expenses incurred by the sheriff before the receipt of that notice.