Article 44 Venue

For Order 16, rule 4(2), there shall be substituted thefollowing—

“(2)

(a)

A defendant who does not reside or carry on business withinthe district of the court in which an action has been commenced and whohas delivered a defence; or

(b)

a plaintiff who does not reside or carry on business withinthe district of the court to which an action has been automaticallytransferred under Order 9, rule 2(8),

may apply ex parte in writing to that court for an order under rule1(a) or (c) transferring the action to another county court; and thejudge or district judge of the first-mentioned court may, if he thinksfit, grant the application after considering any representations whichhe may give the other party to the application an opportunity of making.

In this paragraph“defence”includes a counterclaim.”.