Article 43 Venue

For Order 9, rule 5, there shall be substituted the following newrule—

“Defence or counterclaim in default action

5

(1)

Subject to paragraph (2), if—

(a)

within 14 days after service of the summons upon him, the defendantin a default action delivers at the court office either a defence notaccompanied by an admission of any part of the plaintiff ’s claim or acounterclaim; or

(b)

in a case to which rule 2(7)(b) applies, after the plaintiff hasconfirmed that he wishes the proceedings to continue,

the proper officer shall—

(i)

fix a day for a pre-trial review or, if he thinks fit, a day for thehearing of the action, and

(ii)

give to all parties not less than 14 days' notice of the dayso fixed for the pre-trial review or, in the case of a day for thehearing of the action, not less than 21 days' notice.

(2)

Nothing in paragraph (1) shall require the proper officer to fix aday in a case to which Order 17, rule 11 applies.”.