3.
Notwithstanding the provision of" rule 2 of this order where a party believes that the issues for
determination should be determined by a hearing in open Court, such party may do so by
application on notice stating the question(s) or issue(s) sought to be tried.
Formulation of issues by court.
4.
Where the Court intends to formulate issues for determination, it shall be done in open
Court and on notice to the parties to attend the hearing for the formulation of issues for
determination.
ORDER 19
PROCEEDINGS AT TRIAL
Non-appearance of parties.
1.
When a case has been listed for hearing and none of the parties appears, the judge shall, unless he
sees good reasons to the contrary, strike the case out.
Default of appearance by defendant at trial.
2.
When a case is called for hearing, if the plaintiff appears and the defendant does not appear, the
plaintiff may prove his claim, so far as the burden of proof lies upon him.
Default of appearance by plaintiff. Civil Form 16.
3.
When a case is called for hearing, if defendant appears and the plaintiff does not appear, the
defendant, if he has no counterclaim, shall be entitled to Judgment dismissing the action, but if he has a
counterclaim, then may prove such counterclaim, so far as the burden of proof lies upon him.
Judgment by default may be set-aside on terms.
4.
(1) where a case is struck out under rule 1 of this order either party may apply that the case be
relisted on such terms as the judge may deem fit.
(2)
Any Judgment obtained where any party does not appear at the trial may be set aside by the Judge
upon such terms as he may deem fit.
(3)
An application to re-list a case struck out or to set aside a Judgment shall be made within six days
after the order or Judgment or such other longer period as the judge may allow.
Adjournment of trial.
5.
The Judge may, if he thinks it expedient in the interest of justice, postpone or adjourn a trial for such
time and upon such terms if any, as he shall deem fit; provided that a party shall not be entitled to
more than three adjournments during the course of trial.
Time of commencement and termination of trial.