Rule 3 Hearing
Northern Ireland
On the hearing of the proceedings—
where the applicant is a defendant—
if the plaintiff does not appear, the action including the interpleader proceedings shall be struck out; or
if the claimant does not appear, [f1 the judge or district judge as the case may be] shall hear and determine ,the action as between the plaintiff and the defendant and may make an order barring the claim of the claimant; or
if both the plaintiff and the claimant appear, [ the judge or district judge as the case may be] shall, whether the defendant appears or not, hear the proceedings and give judgment finally determining the rights and claims of all parties; or
where the applicant is not a defendant—
if any claimant does not appear, [f2 the judge or district judge as the case may be] shall make an order finally determining the claim as between the applicant and any claimant who appears and may make an order barring the claim of the absent claimant; or
if all the claimants appear, [ the judge or district judge as the case may be] shall, whether the applicant appears or not, hear the proceedings and make an order finally determining the rights and claims of all parties.
An order in Form 47 or Form 48 barring the claim of a claimant shall declare the claimant and all persons claiming under him to be for ever barred as against the, defendant or applicant and all persons claiming under him and also (where the claimant has sent a notice to the applicant that he makes no claim) as against the plaintiff or the other claimant and all persons claiming under him.
Where the claimant has not sent a notice to the applicant that he has no claim, an order barring the claim shall not affect the rights of that claimant and the plaintiff or another claimant as between themselves.
Annotations
Footnotes
- f1
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Words amended by S.R. 2013 No. 19 with effect from 25.02.13
- f2
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Words amended by S.R. 2013 No. 19 with effect from 25.02.13