33Dismissal of action

33 Dismissal of action

(1)  The Court, on giving reasonable notice to the claimant, is to dismiss an action if –

(a) [Rule 33 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] [Rule 33 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] the claim has not been served on each other party within –

(i) one year after the claim was filed; or

(ii) the time specified in an order under rule 26(2) ; or

(b) [Rule 33 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] within 21 days after the date of service of the claim commencing the action or the time specified in an order under rule 26(2)  –

(i) a defence has not been filed; and

(ii) judgment has not been entered.

(2)  The dismissal of an action under this rule has effect as an interlocutory judgment.