ORDER 33

PLACE AND MODE OF TRIAL

Place of Trial

1. Subject to the provisions of these Rules the place of trial of a cause or matter or of any question or issue arising therein, shall be determined by the Court and shall be one of the places at which sittings of the Court are authorised to be held for the trial of those proceedings of the class to which they belong.

Mode of Trial

2. (1) Subject to the provisions of these Rules, a cause or matter, or any question or issue arising therein, may be tried before-

(a) a Judge alone, or

(b) a Judge with the assistance of assessors, or

(c) the Registrar or an Assistant Registrar, or

(d) a referee.

(2) No cause or matter nor any question or issue arising therein, may be tried before a Judge with a jury.

Time, etc., of Trial of Questions or Issues

3. The Court may order any question or issue arising in a cause or matter whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

Determining the Place and Mode of Trial

4. (1) In every action begun by writ, an order made on the summons for directions shall determine the place and mode of the trial; and any such order may be varied by a subsequent order of the Court made at or before the trial.

(2) In any such action different questions or issues may be ordered to be tried at different places or by different modes of trial and one or more questions or issues may be ordered to be tried before the others.

(3) The references in this Order to the summons for directions include references to any summons or application to which, under any of these Rules, Order 25, rules 2 to 7, are to apply, with or without modifications.

(4) Nothing in this rule affects the provisions of Order 93, rule 11 as to actions for the infringement of a patent.

Trial with Assistance of Assessors

5. A trial of a cause or matter with the assistance of assessors shall take place in such manner and on such terms as the Court may direct.

Dismissal of Action, etc., after Decision of Preliminary Issue

6. If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment therein as may be just.