Directions as to manner of taking account.
3.
(1) Where the Court orders an account lo be taken, it may by the same or subsequent order give
directions with regards to the manner in which the account is to be taken or vouched.
(2)
Without prejudice to the generality of sub-rule (1) of this rule, the Court may direct that in taking
the account, the relevant books of account shall be evidence of the matters contained therein with
liberty to the parties interested to take such objections thereto as they think fit.
Account to be made, verified, etc.
4.
(1) Where an account has been ordered to be taken, the accounting party shall make out his
account and, unless the Court otherwise directs, verify it by an affidavit to which the accounts
shall be exhibited.
(2)
The items on each side of the account shall be numbered consecutively.
(3)
Unless the order for the taking of the account otherwise directs, the accounting party shall lodge
the account with the Court and shall at the same time notify the other parties that he has done so
and of the filing of any affidavit verifying the account and of any supporting affidavit.
Erroneous account.
5.
Any party who seeks to charge an accounting party with an amount beyond that which he has
by his account admitted to have received or who alleges that any item in his account is erroneous
in respect of amount or in any other respect shall give him notice thereof stating, so far as he is
able, the amount sought to be charged with brief particulars thereof or as the case may be, the
grounds for alleging the item is erroneous.
Delay in prosecution of account, etc.
6.
(1) If it appears to the Court that there is undue delay in the prosecution of accounts, or inquiries, or in
other proceedings under any Judgment or order, the Court may require to explain the delay and may
then make such order for staying the proceedings or for expediting them or for the conduct thereof and
for cost as the circumstances require.
(2)
The Court may direct any party or legal practitioner to take over the conduct of proceedings in
question and to carry out any direction made by an order under this rule and make such order as it
thinks fit as to the payment of legal practitioner's costs.
Distribution of fund before all persons entitled; to be ascertained.
7.
Where some of the persons entitled to share in a fund are ascertained, and difficulty or delay has
occurred or is likely to occur in ascertaining the other persons so entitled, the Court may order or
allow immediate payment of their shares to the persons ascertained without reserving any part of
the shares to meet the subsequent cost ascertaining those other persons.
ORDER 45
ARREST OF ABSCONDING DEFENDANT