BOULOS V. BOULOS PRACTICE NOTE

JUDGMENT

CHARLES J. Where a plaintiff is desirous of proceeding upon default of appearance, under Order 13, rule 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954, non-compliance with Order 9, rule 17 is not a mere irregularity which can be waived but is fatal. Where, therefore, the plaintiff’s affidavit of service does not mention the day on which the indorsement of service was made on the writ, the plaintiff is not entitled to proceed by default, and any judgment given in default must be set aside. Hamp-Adams v. Hall [1911] 2 K.B. 942, C.A. cited.

(Boulos v. Boulos. Rulling by Charles, J.)