Default in actions not otherwise specially provided for
353 Default in actions not otherwise specially provided for
In an action not provided for under this Division, the Court or a judge, on the application of the plaintiff, may give any judgment on the statement of claim to which the plaintiff is entitled against a defaulting defendant.
If a statement of claim is not endorsed on the writ, the plaintiff is to file a statement of claim before making an application under subrule (1).
In an action in which not all defendants are defaulting defendants and the cause of action is severable, the plaintiff may – at any time apply under subrule (1) against any defaulting defendant; or apply for judgment against any defaulting defendant at the trial of the action.
An application for judgment is not to be made after the expiration of one year from the date on which the defendant became a defaulting defendant otherwise than with leave of the Court or a judge.
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