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Court Procedures Rules
1110Default by plaintiff—dismissal of proceeding
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1110 Default by plaintiff—dismissal of proceeding
(1) A defendant in a proceeding may apply to the court for an order
dismissing the proceeding for want of prosecution if the plaintiff—
(a) is required to take a step in the proceeding required by these
rules, or to comply with an order of the court, not later than the
end of a particular time; and
(b) does not do what is required before the end of that time.
(2) The court may dismiss the proceeding or make any other order it
(3) An order dismissing the proceeding for want of prosecution may be
set aside only on appeal or if the parties agree to it being set aside.
(4) However, the court may amend or set aside an order dismissing the
proceeding for want of prosecution made in the absence of the
plaintiff without the need for an appeal.
Rule 1115