63What happens if originating application not served in

63 What happens if originating application not served in time (a) an originating application is served on a defendant; but (b) it is not served at least 5 days before the return date for the Rule 64 (2) The court may only hear and decide the application on the return date if the court considers it just to hear and decide the application on that date and— (a) the court is satisfied that the defendant will suffer no significant prejudice if it hears and decides the application on the return date; or (b) the defendant agrees to the court hearing and deciding the application on the return date. (3) The court may make an order on the return date if the plaintiff gives an undertaking acceptable to the court. (4) On application by a person affected by the order, the court may set aside the order. Note Pt 6.2 (Applications in proceedings) applies to an application to set aside