s 28
In forceNon‑appearance of some defendants
Part IIIJurisdiction and powers of the High Court generally
Division 6Defendants
28 Non‑appearance of some defendants
When there are several defendants in any cause pending in the High Court, if any defendant is not served with process and does not voluntarily appear, the Court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the Court; but the judgment given in the cause shall not conclude or prejudice other parties who are not regularly served with process and do not voluntarily submit to the jurisdiction of the Court.
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