Chwilio Deddfwriaeth

Chwiliad Uwch

Act of Sederunt (Rules of the Court of Session 1994) 1994

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Unopposed petitions

14.9.—(1) Subject to paragraph (2), where the period of notice has expired without answers being lodged, the court shall, on the motion of the petitioner, after such further procedure and inquiry into the grounds of the petition, if any, as it thinks fit, dispose of the petition.

(2) Where–

(a)the prayer of the petition seeks an order directed against a person,

(b)service of the petition has been made on that person furth of the United Kingdom under rule 16.2, and

(c)such order has been granted without that person having lodged answers,

a certified copy of the interlocutor granting the order shall be served forthwith by the petitioner on that person.

(3) The court may, on the motion of a person to whom paragraph (2) applies, recall the interlocutor and allow answers to be lodged if–

(a)that person–

(i)without any fault on his part, did not have knowledge of the petition in suffieient time to lodge answers;

(ii)has disclosed a prima facie answer to the petition on the merits; and

(iii)has enrolled the motion for recall within a reasonable time after he had knowledge of the petition; and

(b)the motion is enrolled before the expiry of one year from the date of the interlocutor sought to be recalled.

(4) The recall of an interlocutor under paragraph (3) shall be without prejudice to the validity of anything already done or transacted, of any contract made or obligation incurred, or of any appointment made or power granted, in or by virtue of that interlocutor.

(5) The provisions of this rule are without prejudice to the power of the court to make any interim appointment or order at any stage of the cause.

Yn ôl i’r brig

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