Default Judgment: High Court
Whenever a defendant is in default of the delivery of a notice of intention to defend or of a plea, the plaintiff may apply for judgment by default.
In case of an illiquid claim (i.e. not for a debt or liquidated demand) the application is made to the court and in the case of a liquid claim (i.e. for a debt or liquidated demand) the application is made to the registrar. If both types of claims are claimed in the same action the application for default judgment is made to the court.
The plaintiff sets down the matter for hearing upon at least five days’ notice of his intention to apply for default judgment to the party in default, provided that no notice of set down need be given to any party in default of delivery of notice of intention to defend. As such notice of the hearing must only be given to a party in default of delivering a plea.
The court [in case of an illiquid claim (i.e. not for a debt or liquidated demand)] may then after hearing evidence grant judgment against the defendant or make such order as the court deems appropriate. The evidence which may be required to be led by the court is not confined to the issue of quantum but may also relate to the cause of action or merits of the claim. This evidence may be accepted by the court on affidavit.
A defendant may within 20 days after he has knowledge of such judgment apply to court upon notice to the plaintiff to set aside such judgment. The court may, upon good cause shown, set aside the default judgment on such terms as it deems appropriate.
Where a plaintiff has been barred from delivering a declaration the defendant may set the action down as above and apply for absolution from the instance or, after adducing evidence, for judgment, and the court may make such order thereon as to it seems meet.
In the case of a liquid claim (i.e. for a debt or liquidated demand) the plaintiff must file with the registrar a written application for judgment against the defendant. The registrar may –
(i) grant judgment as requested,
(ii) grant judgment for part of the claim only or on amended terms,
(iii) refuse judgment wholly or in part,
(iv) postpone the application for judgment on such terms as he may consider just,
(v) request or receive oral or written submissions, or
(vi) require that the matter be set down for hearing in open court.
If the application is for an order declaring residential property specially executable, the registrar must refer such application to the court.
The registrar shall record any judgment granted or direction given by him. Any party dissatisfied with a judgment granted or direction given by the registrar may, within 20 days after such party has acquired knowledge of such judgment or direction, set the matter down for reconsideration by the court.
For more go to Notes on action (trial) proceedings
