PART I

(Inserted by Legal Notice No. 33 of 1993: The Supreme Court of Judicature (Amendment) Rules, 1993)

1. Without prejudice to section 35(7) of the Interpretation Act, 1962, in its application to these Rules, the word "month", where it occurs in any judgment, order, direction or other document forming part of an proceedings in the Supreme Court, means a calendar month unless the context otherwise requires.

2. (1) Any period of time fixed by these Rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.

(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before the date.

(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Saturday, Sunday, or public holiday, that day shall be excluded.

In this paragraph the expression "public holiday" means a day which is, or is to be observed as, a public holiday, under the authority of any law.

3. Unless the Court otherwise directs, or the parties in any cause or matter otherwise agree in writing, the period of the Long Vacation shall be excluded in reckoning any period prescribed by these Rules or by any order or direction for serving, filing or amending any pleading.

4. Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act at an office of the Supreme Court expires on a Saturday, Sunday or other day on which that office is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which that office is open.

5. (1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorised by these Rules, or by any judgment, order or direction, to do any act in any proceedings.

(2) The Court may extend any such period as is referred to in paragraph (1) although the application or extension is not made until after the expiration of that period.

(3) The period within which a person is required by these Rules or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.

(4) In this rule reference to the Court shall be construed as including references to the Court of Appeal or a single Judge thereof.

PART II

INACTIVE MATTERS BEFORE SETTING DOWN

6. (1) Where, before any cause or matter has been set down on the general list of cases for trial or for final determination:

whichever shall be later, the said cause or matter shall stand abated until such time as a Judge in Chambers grants leave to proceed with it.

(2) An application for leave shall be made by summons supported by affidavit setting out good and sufficient cause of the delay and a copy of the summons, the affidavit in support and of any exhibits referred to therein shall be served on the other party not less than seven clear days before the return date.

(3) On the hearing of such application the Judge shall make such order for the further prosecution of the cause or matter or for its dismissal, and for costs, as he may deem fit.

whichever shall be later, the said cause or matter shall stand dismissed and the other party shall be entitled to his costs occasioned by the claim or counter-claim, as the case may be, incurred up to the date of the last step taken in the cause or matter or the date of determination of the last proceeding, whichever shall be the later.

(2) The dismissal of the cause or matter at paragraph (1) shall not prevent a party from filing new proceedings in respect of the same cause or matter within the relevant period of limitation.

(3) The Registrar, as a matter of record only, shall notify the parties to the cause or matter dismissed under paragraph (1) as and when the Registrar removes the said cause or matter from his list of pending actions.

6B. For the purposes of this Part of this Order, if a proceeding in a cause or matter is adjourned generally and six months have elapsed, the said proceeding shall be deemed to have been automatically determined.

6C. The Rules under this Part of this Order do not apply to third party proceedings initiated by a defendant in a cause or matter.

6D. (1) The Rules under this Part of this Order shall come into operation on the 1st day of March, 1993 (in this Rule referred to as ‘the Operative Date’).

(2) The Rules under this Part of this Order shall apply to all causes and matters which , on the Operative Date, are pending in the Court; provided however, for the purposes of this Part of this Order, that no account shall be taken in such causes or matters of any period which has elapsed prior to the Operative Date and time shall run from the Operative Date for such cause and matters. (Paragraph 6d (2), (3) and (4), were repealed and replaced by 6d (2) above by Legal Notice No. 20 of 1994: The Supreme Court of Judicature (Amendment) Rules 1994)

PART III

INACTIVE MATTERS AFTER SETTING DOWN