Section 173   [ View Judgements ]

Removal of suits and matters from the lists of References to the Commissioner and placing them on board for directions

(i) Where a suit or matter is referred to the Commissioner for the purpose of taking an account, the party having the carriage of the proceedings shall file a certified copy of the decree or order of reference in the office of the Commissioner within ten days from the date of the sealing of the decree or order and shall inform the Prothonotary and Senior Master of his having done so. If such intimation is not given to the Prothonotary and Senior Master within the said period of ten days, the Prothonotary and Senior Master shall, unless otherwise ordered, remove the suit or matter from the list maintained by his office of matters referred to the Commissioner.

(ii) Suits and matters which the Commissioner has certified for non-prosecution

or for refusal or neglect of a party to do or perform any act which he was directed to do or perform and suits and matters which have been settled or otherwise concluded and suits and matters in which reports have been made disposing of the case shall also be removed from the said list maintained by the office of the Prothonotary and Senior Master.

(iii) Suits and matters which are removed from such list under sub-rule(i) or

which are removed on the ground that the Commissioner has certified them for nonprosecution or for refusal or neglect of a party to do or perform the required act shall be set down for directions before the Judge in Chambers. The Prothonotary and Senior Master shall notify on his notice board the date on which the suit or matter is to be setdown and he shall do so at least eight days before such date. If a party has appeared in person, the Prothonotary and Senior Master shall give notice of the date to such party by sending letter to him by post under certificate of posting.

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