Article 43 Summary judgement in actions for specific performance

After Order 86, rule 7 there shall be inserted the following new rule—

“Application for summary judgement on counterclaim

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(1)

Where a defendant to proceedings in the Chancery Division has served a counterclaim on the plaintiff including any claim such as is specified in rule 1(1), the defendant may apply to the Court for judgment on the ground that the plaintiff has no defence to the claim.

(2)

Rules 2 to 7 shall apply in relation to an application under paragraph (1) as if the counterclaim were an action.”.