Judgment without prejudice to his right to proceed with the action against those who have
appeared.
Several defendants
4.
Where the claim in the originating process is as in rule 6 of this order and there are several
defendants one or some of whom appear while another or others do not appear, a plaintiff may
apply for Judgment against the defendant(s) failing to appear. The value of the goods and or
the damages only as the case may be, shall be ascertained in such manner and subject to the filing
of such particulars as a judge may direct before Judgment in respect of that part of the claim.
Default of appearance by person under legal disability.
5.
Where no appearance has been entered for a person under legal disability, a plaintiff shall apply to
a judge for an order that some person be appointed guardian for such defendant and when
appointed the person may appear and defend. The application shall be made after service of the
originating process. Notice of the application shall be served on the person intended to be
appointed the guardian of the defendant.
Judgment in default of appearance
6.
Where the claim in the originating process is for pecuniary damages, or for detention of goods with or
without a claim of pecuniary damages, and the defendant or all of several defendants fail to appear,
a plaintiff may apply for a Judgment. The value of the goods and damages or the damages only as
the case may be shall be ascertained in such manner and subject to the filing of such particulars as
a judge may direct before Judgment in respect of that part of the claim.
Detention of goods, damages and liquidated demands
7.
Where the claim in the originating process is for pecuniary damages or for detention of goods with or
without a claim for pecuniary damages and includes a liquidated demand and any of the
defendants fail to appear, a plaintiff may apply to a judge for Judgment. The value of the goods
and damages or the damages as the case may be shall be ascertained in such manner and subject
to the filing of such particulars as a judge may direct before judgment in respect of that part of the
claim.
Judgment for costs upon payment satisfaction, etc
8.
In any case to which rules, 2, 3, 4, 6 & 7 of this order do not apply and the defendant or all of
several defendants fail to appear, but by reason of payment, satisfaction, abatement of
nuisance, or any other reason, it is unnecessary for a plaintiff to proceed, he may apply to
a judge for Judgment for costs:
Provided that such application shall be filed and served in the manner in which service of the
originating process was effected or in such manner as a judge shall direct.
Setting aside Judgment