9.
Where Judgment is entered pursuant to any of the preceding rules of this order a judge may
set aside or vary such Judgment on just terms upon an application on notice by the defendant. The
application shall be made within 14 days and it shall be accompanied with treasury receipt showing
payment of penalty for the period of default and show a good defence to the claim and a just cause
for the default.
Default of appearance in actions not otherwise specifically provided for.
10.
In all claims not specifically provided for under this order, where the party served with the
originating process does not appear within the time prescribed in the originating process; a
plaintiff may proceed as if appearance had been entered.
ORDER 9
PARTIES
A - GENERAL
Person claiming jointly or severally
1.
All persons may be joined in one action as plaintiffs in whom any right to relief is alleged to exist
whether jointly or severally and Judgment may be given for such plaintiffs as may be found to be
entitled to relief and for such relief as he or they may be entitled to without any amendment.
Action in the name of a wrong plaintiff
2.
Where an action has been commenced in the name of the wrong person as plaintiff or where it is
doubtful whether it has been commenced in the name of the right plaintiff, a judge may order the
substitution or addition of any other person as plaintiff on such terms as may be just.
Misjoinder and Counter-claim
3.
Where in commencing an action any person has been wrongly or improperly included as a
plaintiff and a defendant has set up counter-claim or set-off, such defendant may
establish his set-off or counter claim as against the parties other than the plaintiff so included,
notwithstanding the inclusion of such plaintiff or any proceeding based thereon.
Class action
4.
(a)
(b)
(c)
(i)
(1) Where in any class action concerning T rademarks
C
opyright or
Patents and Designs, a judge is satisfied thatA p e r s o n , t h e c l a s s , o r s o m e m e m b e r s o f t h e c l a s s interested cannot be
ascertained or cannot rightly be ascertained,
(ii) The person, the class or some me mbers of the class interested if ascertained,
cannot be found,
(iii) The person, or class and the members thereof cannot be ascertained and be found,