It is open to a claimant to withdraw part of his claim without notice to the other side in order to take advantage of the administrative procedures provided by Order 19 rule 2 or, for that matter, Order 19 rule 3. But the judgment taken in such circumstances must make it clear on its face that the inappropriate claims have been abandoned.
Citations:
(1973) 117 SJ 876
Cited by:
Cited – Osborne v Leighton CA 30-Apr-1999
The defendant being late in filing a defence to the claim for defamation, the claimant entered judgment in default. The defendant sought to have that set aside, and now sought her (substantial) costs.
Held: The entry of judgment had been at . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 01 May 2022; Ref: scu.262982