Section 500   [ View Judgements ]

Procedure on refusal or neglect of a party to do some act required to be done

(i) Where a party to a suit or proceeding has refused or neglected to do any act which he has been directed by the Commissioner to do, the Commissioner may refuse to hear him and may debar him from taking any further part in the proceedings before him. Where it is not expedient or practicable for the Commissioner to precede with the reference or matter by reason of such refusal or neglect, the Commissioner may remove the reference or matter from his file and certify the fact to the Prothonotary and Senior Master, giving reasons for the removal.

(ii) Any party concerted may then apply by Chamber Summons for an order that the party in default do the required act within a specified time. The Judge may thereupon make such order as to him may deem just.

(iii) If the Judge directs the party in default to do the required ac within a specified time and if the said party fails to do the act within such time, any party concerned may apply by Chamber Summons that action be taken against the party in default for disobedience of the Court’s Order. On the hearing of such summons, the Judge may order that the property of the person guilty of such disobedience be attached and may also order such person to be detained in civil prison for a term not exceeding six month (unless in the meantime the Judge directs his release), or may make such order relating to the suit or proceeding as the Judge may think fit.

(iv) No attachment under this rule shall remain in force for more than one year, at the end of which time, if the disobedience continues, the property attached may be sold an doubt of the sale proceeds the Judge may order such compensation to be paid to any party affected as he thinks fit and as to the balance, if any, the Judge shall pass an order that it be paid to the party entitled thereto.

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