Order 29
Withdrawal and Discontinuance
1. A party who has entered an appearance in an action may withdraw the appearance at any time with leave of
the Court.
2. (1) The plaintiff in an action may, without the leave of the Court discontinue the action, or withdraw any
particular claim made by him therein, as against any or all of the defendants at any time not later than 14 days
after service of the defence on him or if there are two or more defendants, of the defence last served, by serving a
notice to that effect on the defendant concerned.
(2) A defendant may, without leave of the Court(a) withdraw his defence or any part of it at any time;
(b) discontinue a counter-claim or withdraw any particular claim made by him therein, as against any or all of
the parties against whom it is made, at any time not later than 14 days after service on him of a defence to the
counter-claim or if the counter-claim is made against two or more parties of the defence to the counter- claim last
served, by serving a notice to that effect on the plaintiff or other party concerned.
(3) Where there are two or more defendants to an action, not all of whom serve a defence on the plaintiff and the
period fixed by or under this rule for service by any of those defendants of his defence expires after the latest
date on which any other defendant serves his defence, paragraph (1) of this rule shall have effect as if the
reference therein to the service on the defence last served were a reference to the expiration of that period.
(4) Paragraph (3) of this rule shall apply in relation to a counter-claim as it applies in relation to an action, with
the substitution for references to a defence, to the plaintiff and to paragraph (1) of this rule, of references to a
defence to counter-claim, to the defendant and to paragraph (2) of this rule respectively.
(5) If all the parties to an action consent, the action may be withdrawn without leave of the Court at any time
before trial by producing to the Registrar a written consent to the action being withdrawn signed by all the
parties and the action shall thereafter be struck out.
3. (1) Except as provided by rule 2 of this Order, a party may not discontinue an action or counter-claim or
withdraw any particular claim made by him therein without leave of the Court and the court hearing an
application for the grant of such leave may order the action or counter-claim to be discontinued or any particular
claim made therein to be struck out, as against any or all of the parties against whom it is brought or made on
such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.
(2) An application for the grant of leave under this rule may be made by summons or motion on notice.
4. Subject to any terms imposed by the Court in granting leave under rule 3 of this Order, the fact that a party
had discontinued action or counter-claim or withdrawn a particular claim made by him therein shall not be a
defence to a subsequent action for the same, or substantially the same, cause of action.
5. Where a party has discontinued an action or counter-claim or withdrawn any particular claim made by him
therein and he is liable to pay costs to any other party of the action or counter-claim or the costs occasioned to
any other party by the claim withdrawn, then if, before payment of those costs, he subsequently brings an action
for the same or substantially the same cause of action, the Court may order the proceedings in that action to be
stayed until those costs are paid.
6. A party who has taken out a summons or filed a motion in a pending cause or matter may not withdraw it
without leave of the Court.