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r 21.11

Dismissal of complaints

In force
Part 3Dismissal of certain proceedings

21.11 Dismissal of complaints

(1)

A complaint stands dismissed as against any defendant at the expiration of 3 months after the period of the validity for service of the complaint, or, if that period has been extended, after the expiration of any extension of the period, if, at the time of expiration, that defendant has not filed a notice of defence and an order in default of defence has not been made against that defendant.

(2)

The Court may from time to time, by order, extend the period of 3 months referred to in paragraph (1) for a period of not more than 6 months after the day of the order.

(3)

If an order is made under paragraph (2), the period of 3 months in paragraph (1) is to be taken to be substituted by the extended period ordered by the Court.

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