OpenLegislation

Article 19

Original text. Later amendments are not shown.

For Order 13, rule 8, there shall be substituted the following rule:—

“Stay of execution on default judgment

8

Where judgment for a debt or liquidated demand is entered under this Order against a defendant who has returned to the appropriate office an acknowledgment of service containing a statement to the effect that, although he does not intend to contest the proceedings, he intends to apply for a stay of execution of the judgment by writ of fieri facias, execution of the judgment by such a writ shall be stayed for a period of 14 days from the acknowledgment of service and, if within that time the defendant issues and serves on the plaintiff a summons for such a stay supported by an affidavit in accordance with Order 47, rule 1, the stay imposed by this rule shall continue until the summons is heard or otherwise disposed of, unless the Court after giving the parties an opportunity of being heard otherwise directs.”