22 Dec 2017
The summons for default judgment under Order 19, rule 7 was premature because it was issued before the expiration of the period fixed for service of the defence; rule 7 expressly requires the application to be made only after that period, and the court must reject attempts to circumvent that requirement.
30 Dec 1999
The court found Form No.14 contained a clear clerical error that conflicted with Order 18 Rule 2; that error is to be deemed corrected. Because the Defendants had relied on the mandated form, the court granted leave to file and serve the Defence out of time and dispensed with service; the Order 19 summons was withdrawn and no order as to costs was made for that summons.
30 Sept 1997
A master should not grant a fixed extension to serve a defence and counterclaim without evidence (usually an affidavit) explaining why the period is required; absence of such evidence justifies the respondent's appeal and may affect costs allocation.