5.
If for any reason a judge hearing a cause or matter, and who has taken any step in the
proceedings, considers it necessary, either at his own opinion or upon application of any party
to the proceedings, to have the cause or matter transferred to another Judicial Division,, the
judge shall refer the cause or matter to the Chief Judge who may direct that the matter be
transferred to the appropriate Judicial Division in accordance with these Rules.
Evidence of part-heard cause or matter.
4.
Where a judge retires or is transferred to another Division and having part-heard a cause or
matter which is being re-heard de novo by another judge, the evidence already given before
the retired judge or the judge transferred out of the Division can be read at the re-hearing
without the witness who had given it being recalled. But if the witness is dead or cannot be found,
the onus of establishing that the witness is dead or cannot be found, shall lie on the party that
wishes to use the evidence.
Transfer of proceedings from the Court to a High Court.
5.
Where a judge has in the exercise of the powers conferred by Section 22 (2) of the Act directed
that any cause or matter be transferred to the High Court of a State or the Federal Capital
Territory the judge shall make an order under his hand to that effect to the Chief judge of
the High Court of the State of the federal capital territory to which the matter is to be
transferred.
Transmission of order and copies of entries to the appropriate High Court.
6.
The Registrar shall forthwith send a copy of the order made under rule 5 above duly
certified by him to the Registrar of the state High Court named in the order together with
certified copies of all entries in the books of the court relating to the cause or matter in question.
ORDER 50
WITHDRAWAL AND DISCONTINUANCE
Withdrawal of appearance.
1.
A party who has entered an appearance in an action may withdraw the appearance at any time
with leave of the Court.
Discontinuance of action without leave.
2.
(1) The plaintiff in an action may, without the leave of the Court, discontinue the action, or
withdraw any particular claim made by him therein, as against any or all the defendants at
any time not later than fourteen days after service of the defence on him or, if there are two or
more defendants, of the defence last served, by serving a notice to that effect on the defendant
concerned.
(2)
(a)
A defendant may, without leave of CourtWithdraw his defence or any part of it at any time.