Provided that the unanswered part consists of a separate cause of action or is severable from the
rest, as in the case of part of a debt or liquidated demand.
And provided also that where there is a counter claim, execution of any such Judgment as above
mentioned in respect of the plaintiff's claim shall not issue without leave of the judge.
Defendant in default.
7.
In all actions other than those in the preceding rules of this order, if the defendant makes default in
filing a defence, the plaintiff may apply to a judge for Judgment, and such Judgment shall be given
upon the statement of claim as the judge shall consider the plaintiff to be entitled to.
One of several defendants in default.
8.
Where in any such action as mentioned in rule 7 of this order, there are several defendants
if one of such defendants is in such default as aforesaid, the plaintiff may apply for
Judgment against the defendant so defaulting, and proceed against the other defendants.
Default of third party.
9.
In any case in which issues arise in a proceeding other than between plaintiff and defendant, if
any party to any such issue defaults in filing any pleading, the opposite party may apply to a
judge for such Judgment, if any, as upon the pleadings may appear to be entitled to, and the judge
may order Judgment to be entered accordingly or may make such other order as may be necessary
to do justice between the parties.
Setting aside Judgment by default.
10.
Any Judgment by default whether under this order or under any order of these Rules shall be
final and remain valid and may only be set aside upon application to the Judge on grounds of
fraud, non-service or lack of jurisdiction upon such terms as the Court may deem fit.
Interpretation.
11.
In this order, a defendant makes default in pleading when he fails to file and serve his statement of
defence on the plaintiff within the time fixed for doing so by these Rules or by the court.
ORDER 15
ADMISSIONS
Notice of admission of facts.
1.
Any party to a proceeding may give notice by his pleading or otherwise in writing that he admits
the truth of the whole of the case of any other party and the Court may receive such notice in
evidence as an admission without further proof.
Notice to admit document.