Withdrawal of summons.
6.
A party who has taken out a summons or filed a motion in a pending cause or matter may not
withdraw it without leave of the Court.
ORDER 51
EFFECT OF NON-COMPLIANCE
Effect of non-compliance.
1.
(1) Where in beginning or purporting to begin any proceeding or at any stage in the course
of or in connection with any proceeding, there has by reason of anything done or left undone, been
failure to comply with the requirements of these Rules, whether in respect of time, place, manner,
form or content or in any other respect, the failure may be treated as an irregularity and if
so treated, will not nullify the proceedings, or any document, Judgment or order therein.
(2)
The Court may on the ground that there has been such a failure as mentioned in sub-rule (1) of
this rule and on such terms as to costs or otherwise as it thinks just, set aside either wholly or
in part the proceedings in which the failure occurred, any step taken in those proceedings or
any document, Judgment or order therein, or it may exercise its powers under these
Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with
the proceedings generally as it thinks fit.
Application to set aside for irregularity.
2.
(1) An application to set aside for irregularity any proceeding, any step taken in any
proceeding or any document, Judgment or order therein, shall not be allowed unless it is made within
a reasonable time and before the party applying has taken any fresh step in the proceedings.
(2)
Any application under sub-rule (1) of this rule may be made by summons or motion on notice,
and the grounds of objection shall be stated in the summons or motion on notice.
ORDER 52
ARBITRATION
A - REFERENCE TO ARBITRATOR
Nomination of Arbitrators and appointment.
1.
Where in any case a matter is referred to one or more Arbitrators under the provisions of the
Arbitration and Conciliation Act, the Arbitrators shall be nominated in the parties in such manner
as may be agreed upon between them.
Court may appoint Arbitrators.
2.
Where the parties cannot agree with respect to the nomination, or if the persons nominated refuse
to act, and the parties are desirous that the nomination be m a d e by the Court, the Court shall
appoint the Arbitrators.