353Default in actions not otherwise specially provided for

353 Default in actions not otherwise specially provided for

(1)  In an action not provided for under this Division, the Court or a judge, on the application of the plaintiff, may give any judgment on the statement of claim to which the plaintiff is entitled against a defaulting defendant.

(2)  If a statement of claim is not endorsed on the writ, the plaintiff is to file a statement of claim before making an application under subrule (1) .

(3)  In an action in which not all defendants are defaulting defendants and the cause of action is severable, the plaintiff may –

(a) at any time apply under subrule (1) against any defaulting defendant; or

(b) apply for judgment against any defaulting defendant at the trial of the action.

(4)  [Rule 353 Subrule (4) omitted by S.R. 2014, No. 46, Applied:23 Apr 2014] .  .  .  .  .  .  .  .  

(5)  An application for judgment is not to be made after the expiration of one year from the date on which the defendant became a defaulting defendant otherwise than with leave of the Court or a judge.