Order 14
Default of Appearance
1. Where a writ of summons is endorsed for a liquidated demand whether specially or otherwise and the
defendant fails, or all the defendants, if more than one, fail, to appear thereto, the plaintiff may have entered in
his favour final judgment for any sum not exceeding the sum endorsed on the writ, together with interest at the
rate specified (if any), or (if no rate be specified) at the rate of six per cent per annum, to the date of the
judgment, and costs:
Provided that this rule shall not apply to an action by a moneylender or an assignee for the recovery of money
lent by a moneylender, or to an action for the enforcement of any agreement or security relating to any such
money.
2. Where the writ of summons is endorsed for a liquidated demand, whether specially or otherwise, and there are
several defendants, of whom one or more appear to the writ, and another or others of them fail to appear, the
plaintiff may have final judgment entered, as in the preceding rule, against those that have not appeared, and may
issue execution upon the judgment without prejudice to his right to proceed with the action against those who
have appeared.
3. (1) Where the action is for the recovery of land, with or without any other related claim, and no appearance is
entered within the time limited for appearance, the plaintiff shall be at liberty to have judgment entered for him.
(2) If an appearance is entered but the defence is limited to part only, the plaintiff may have judgment entered for
him for the undefended part of his claim, and the rest of the claim may be proceeded with in the normal way.
4. In any case to which rules 1, 2 and 3 of this Order apply, in which the defendant fails, or all the defendants, if
more than one, fail, to appear, but in which by reason of payment, satisfaction, abatement of nuisance, or for any
other reason it is unnecessary for the plaintiff to proceed with the action, he may, by leave of the Court or a
Judge in chambers to be obtained on summons in chambers, have judgment entered for costs:
Provided that the summons shall be filed and shall served in the manner in which service of the writ has been
effected or in such other manner as the Court or a Judge in chambers shall direct.
5. In all actions not specially provided for in this Order, if the defendant fails to enter appearance within the
stipulated time, the plaintiff may apply for the case to be set down for hearing, and upon such hearing, the Court
may give any judgment that the plaintiff appears to be entitled to on the facts.
6. Where judgment is entered pursuant to any of the preceding rules of this Order, it shall be lawful for the Court
or a Judge in chambers to set aside or vary the judgment upon such terms as may be just.
7. Where a defendant or respondent to an originating summons to which an appearance is required to be entered
fails to appear within the time limited, the plaintiff or applicant may apply to the Court or a Judge in chambers
for an appointment for the hearing of the summons and upon a certificate that no appearance has been entered,
the Court or Judge shall appoint a time for the hearing of the summons, upon such conditions (if any) as it or he
thinks fit.
8. (1) Where no appearance has been entered to a writ of summons for a defendant who is an infant or a person
of unsound mind not adjudged a lunatic, the plaintiff shall before further proceeding with the action against the
defendant, apply to the Court or a Judge in chambers for an order that some proper person be assigned guardian
of such defendant by whom he may appear and defend the action.
(2) But no such order shall be made unless it appears that the application was, after the expiration of the time
allowed for appearance, and at least six clear days before the day named in the notice for hearing the application,
served upon or left at the dwelling-house of the person with whom or under whose care the defendant was at the
time of serving the writ of summons and also (in the case of the defendant being an infant not residing with or
under the care of his father or guardian) served upon or left at the dwelling-house of the father or guardian (if
any) of the infant, unless the Court or Judge in chambers at the time of hearing the application dispenses with the
last-mentioned service.