(a) that the pleadings in the case have closed; and
(b) the number of witnesses the plaintiff intends to call, and the probable length of time the case will take.
3. If the plaintiff fails to make an application under rule 1 of this Order the defendant may, within fourteen days
after the expiration of the time limited for the plaintiff to make his application, apply to the registrar for the case
to be set down for trial and in that event the provisions of rule of 2 of this Order shall apply mutatis mutandis to
his application.
4. (1) If neither the plaintiff nor the defendant makes an application under these Rules, the registrar shall certify
that fact to the Court or Judge in chambers after the time limited for both parties to make the application.
(2) The Judge or Court upon receipt of the certificate of the registrar shall cause the case to be listed for striking
out and the parties to the case shall be so notified.
5. (1) Upon the case coming up for striking out, the Court or the Judge shall strike it out unless good cause be
shown why the case should proceed to hearing.
(2) A plaintiff who does not want his case to be struck out under paragraph (1) of this rule shall file in Court
within three days of the service upon him of the notice of striking out an affidavit containing the reasons for his
failure to comply with rule 1 of this Order.
Attendance of Parties at Hearing
6. (1) In every cause or matter pending before the Court, in case it appears to the satisfaction of the Court that
any party who may not be represented by legal practitioner is prevented by some good or sufficient cause from
attending the Court in person, the Court may in its discretion permit a master, servant, clerk or member of the
family of the plaintiff or defendant or officer of the plaintiff or defendant company, who shall satisfy the Court
that
he
has
authority
in
that
behalf,
to
appear
in
Court
for
such
party.
(2) If, when the trial of an action is called on, neither party appears the action may be struck out of the list,
without prejudice, however, to the restoration thereof, on the direction of a Judge.
7. If, when a trial is called on, the plaintiff appears and the defendant does not appear, then the plaintiff may
prove his claim, so far as the burden of proof lies upon him.
8. If, when a trial is called on, the defendant appears and the plaintiff does not appear, the defendant, if he has no
counter-claim, shall be entitled to judgment dismissing the action, but if he has a counter-claim, then he may
prove
the
counter-claim,
so
far
as
the
burden
of
proof
lies
upon
him:
Provided that if the defendant admits the cause of action to the full amount claimed, the Court may, if it thinks
fit, give judgment as if the plaintiff had appeared.
9. Any judgment obtained where one party does not appear at the trial may be set aside by the Court upon such
terms as may seem just, upon an application made within six days after the trial or within such longer period as
the Court may allow for good cause shown.
10. The Judge may, if he thinks it expedient for the interests of justice, postpone or adjourn a trial for such time
and upon such terms, if any, as he may think fit.
Proceedings at the Hearing
11. In actions for libel or slander, in which the defendant does not by his defence assert the truth of the statement
complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation
of damages, as to the circumstances under which the libel or slander was published or as to the character of the
plaintiff, without leave of the Court, unless 7 days at least before the trial he furnishes particulars to the plaintiff
of the matters as to which he intends to give evidence.