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Matrimonial
Causes Rules
Arrangement
of Rules
Order
I
Preliminary
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1.
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Citation.
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2.
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Commencement.
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3.
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Orders.
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4.
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Interpretation.
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5.
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Functions
of registrar.
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6.
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Designation
of parties to proceedings.
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7.
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Filling
of documents.
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8.
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Computation
of time.
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9.
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Chambers.
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10.
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Directions
as to practice and procedure.
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11.
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On
hearing of ancillary proceedings, further applications may be made.
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12.
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Address
for service.
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13.
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Schedules
and Forms.
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14.
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Compliance
with Forms.
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Order
II
Reconciliation
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1.
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Petitioners
and certain applicants and respondents to be informed of facilities
available to assist
reconciliation.
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2.
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Certificate.
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Order
III
Proceedings
Part
I
Commencement
of Proceedings.
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1.
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Institution
of proceedings.
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2.
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How
proceedings instituted.
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3.
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Proceedings
to be numbered.
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Part
2
Applications
to the Court
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4.
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How
applications instituted.
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5.
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Parties
to application.
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6.
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Service
of copy of application.
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7.
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Affidavits
in support of application.
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8.
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Affidavit
in answer and in reply.
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Order
IV
Applications
for Leave to Institute Proceedings for Dissolution of Marriage or Judicial
Separation
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1.
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Application
may be made ex-parte.
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2.
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Affidavit
in support of application.
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3.
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Marriage
certificate to be filed with application.
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4.
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Service
of copy of order.
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Order
V
Petitions
Part
1
General
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1.
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Particulars
of parties, &c., to be included in petition.
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2.
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Particulars
of date and place of birth of parties.
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3.
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Domicile
or residence.
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4.
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Particulars
of cohabitation.
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5.
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Particulars
of children.
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6.
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Particulars
of previous proceedings.
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7.
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Condonation,
connivance and collusion.
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8.
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Particulars
of other orders sought.
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9.
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Date
and signature.
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10.
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Petition
to be verified.
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Part
2
Petitions
for Dissolution of Marriage
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11.
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Form
of petition for dissolution of marriage.
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12.
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Ground
for relief to be stated in petition.
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13.
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Statement
in petition when petitioner has committed adultery.
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14.
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Arrangements
for welfare of children.
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15.
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Petition
for dissolution of marriage where there is separation.
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16.
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Petition
for dissolution of marriage where there is presumption of death of a
spouse.
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17.
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Death
of person specified in petition.
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Part
3
Petitions
for Nullity of Marriage
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18.
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Form
of petition.
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19.
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Ground
for relief to be stated in petition.
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20.
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Petition
to state domicile at time of marriage.
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21.
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Petition
for nullity-voidable marriage.
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22.
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Arrangements
for welfare of children.
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Part
4
Petitions
for judicial Separation
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23.
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Form
of petition.
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24.
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Application
of certain rules to petition for judicial separation.
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Part
5
Petitions
for Restitution of Conjugal Rights
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25.
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Form
of petition
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26.
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Petition
for restitution of conjugal rights.
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Part
6
Filing
Petitions and Notices of Petitions
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27.
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Marriage
certificate to be filed with petition.
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28.
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Notice
of petition or of proceedings.
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29.
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Time
for answer or reply to be specified in notice of petition or notice of
proceedings.
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30.
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Notice
of petition or of proceedings in force for twelve months.
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31.
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Lost
notice.
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32.
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Concurrent
notices.
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Order
VI
Service
Part
I
General
Provisions relating to Service of Documents
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1.
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Manner
of service.
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2.
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Personal
service.
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3.
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Service
by post.
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4.
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When
service effected if posted to address for service, &c.
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5.
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Service
in Convention countries.
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6.
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Power
to dispense with service.
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7.
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Substituted
Service.
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Part
2
Service
of Petitions and Answers
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8.
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Service
of petitions.
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9.
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Service
of answer.
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10.
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State
petitions and answers.
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Part
3
Service
on Infants and Persons of Unsound mind
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11.
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Service
of petition, &c., on infant.
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12.
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Service
of petition, on person of unsound mind.
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Part
4
Proof
of Service
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13.
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Proof
of personal service of document.
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14.
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Proof
of service of document by post.
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15.
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Proof
of service by posting document to an address.
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16.
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Proof
of service of document by advertisement.
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17.
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Affidavits
of service.
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18.
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Presumption
of due service and date of service where notice of address for service
filed.
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Order
VII
Pleadings
Part
1
Answers
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1.
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Answer.
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2.
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Answer
seeking dissolution, &c., of marriage.
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3.
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Answer
under protest.
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Part
2
Replies
and Rejoinders
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4.
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Reply.
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5.
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Reply
under protest.
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6.
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Rejoinder.
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7.
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Further
rejoinder.
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Part
3
Pleadings
Generally
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8.
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Definition.
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9.
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When
allegations in pleadings deemed to be admitted.
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10.
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Date
and signature pleading.
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11.
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Affidavit
verifying pleading.
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12.
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Service
of pleading.
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Part
4
Discontinuance
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13.
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Withdrawal
of pleading.
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Order
VIII
Amendment
of Pleadings, Supplementary Petitions And Supplementary Answers
Part
1
Amendment
of Pleadings
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1.
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Amendments
that may be made.
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2.
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Amendments
before service.
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3.
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Amendments
after service.
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4.
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Verification
of amendment.
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5.
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Notice
of application for leave to amend.
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6.
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Method
of amending pleading.
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7.
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Amendment
not effective until served.
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8.
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Pleading
to amended pleading.
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9.
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Consequential
amendment of subsequent pleading.
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Part
2
Supplementary
Petitions and Supplementary Answers
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10.
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Supplementary
petitions and supplementary answers.
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11.
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Contents
of supplementary petition.
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12.
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Contents
of supplementary answer.
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13
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Condonation,
connivance and collusion.
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14.
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Particulars
of other orders sought.
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15.
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Service
of supplementary petitions and supplementary answers.
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16.
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Time
for filing an answer to a supplementary petition or reply to
supplementary answer.
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17.
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Pleading
to supplementary petition or supplementary answer.
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Order
IX
Parties
Part
1
General
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1.
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Certain
persons not parties to proceedings.
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2.
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How
certain persons named become parties.
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3.
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Allegation
of adultery or sodomy with person unknown.
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4.
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Amendment
when of adulterer, &c., becomes known.
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5.
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Death
of adulterer.
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6.
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Certain
infants are not parties to proceedings
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7.
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Incest
with infant.
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Part
2
Infants
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8.
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Institution
of proceedings by infants.
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9.
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Infant
respondents, &c.
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10.
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Intervention
by infant.
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11.
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Separate
representation of child.
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12.
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Application
of these Rules to infants.
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Part
3
Persons
of Unsound Mind
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13.
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Definition.
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14.
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Institution
of proceedings by persons of unsound.
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15.
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Respondents,
&c., who are persons of unsound mind.
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16.
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Intervention
by person of unsound mind.
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17.
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Application
of these Rules to persons of unsound mind.
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Part
4
Guardians
ad litem.
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18.
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Election
of guardian by infant.
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19.
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Appointment
of friend of infant as guardian ad litem.
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20.
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Attorney-General
may act as guardian of person of unsound mind.
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21.
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Appointment
of friend as guardian of person of unsound mind.
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22.
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Appointment
of guardian in other circumstances.
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23.
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Appointment
of Public Trustee to be guardian of person of unsound mind.
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24.
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Order
appointing guardian ad litem to be served.
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25.
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Removal
of guardian ad litem.
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26.
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Notice
of appointment of guardian ad litem.
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27.
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Legal
Practitioner acting as guardian.
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Order
X
Default
in Pleading
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1.
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Effect
of failure to file pleading within due time.
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2.
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Default
of pleading by infant or person of unsound mind.
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3.
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Time
for filing answer or reply by guardian.
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Order
XI
Preparation
for Trial
Part
1
Preliminary
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1.
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Definitions.
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2.
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Application
to persons of unsound mind.
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3.
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Time
when pleadings in a defended suit complete.
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Part
2
Particulars,
Discovery and Inspection of Documents
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4.
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Particulars.
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5.
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Discovery.
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6.
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Affidavit
of discover.
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7.
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Discovery
of particular document.
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8.
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Failure
to discover document.
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9.
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Inspection
of document.
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10.
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Order
for production of documents generally.
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11.
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Order
for production of particulars documents.
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12.
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Copies
of certain books.
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13.
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Privilege.
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14.
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Non-compliance
with order for discovery,
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15.
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Interrogatories.
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Part
3
Admissions
and Notices to Produce
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16.
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Admission
of facts.
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17.
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Notice
to admit documents.
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18.
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Notice
to admit facts.
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19.
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Affidavit
of signature to admissions.
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20.
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Notice
of produce documents.
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Part
4
Medical
Examination of Parties
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21.
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Medical
examination in nullify proceedings.
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22.
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Appointment
of medical inspector upon the trial of proceedings.
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23.
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Medical
examination in divorce proceedings.
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24.
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Service
of notice of appointment of medical inspector.
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25.
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Medical
inspector's oath and identification of person to be examined.
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26.
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Report
on medical examination.
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27.
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Failure
to comply with provisions of this Part.
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Part
5
Discretion
Statements
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28.
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Discretion
statements to b filed.
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29.
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Form,
and contents of discretion statements.
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30.
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Service
of notice of allegation on spouse.
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31.
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Service
of notice on spouse.
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32.
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Disclosing
discretion statement.
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Part
6
Compulsory
Conferences
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33.
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Application
of this Part.
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34.
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Conference
to be held before certain suits set down for trial.
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35.
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Conference.
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36.
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Conference
where both parties represented by legal practitioner.
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37.
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Conference
where a party not represented by legal practitioner.
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Part
7
Consolidation
of Proceedings
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38.
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Consolidation
of proceedings.
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Part
8
Setting
Suits down for trial
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39.
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Setting
undefended suit for trial.
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40.
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Request
to set defend suit down for trial.
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41.
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Setting
defended suit down for trial.
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42.
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Service
of request to set suit for trial.
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43.
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Request
to set suit down for trial.
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44.
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Place
at which suit may be set down for trial.
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45.
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Date
of trial.
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46.
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Notice
of venue.
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47.
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Change
of venue.
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48.
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Expediting
trial of suit.
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49
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Time
of trial..
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Order
XII
Decrees
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1.
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Decree
of dissolution of marriage.
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2.
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Decree
of nullity.
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3.
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Decree
of judicial separation.
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4.
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Decree
of restitution of conjugal rights.
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5.
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Adultery
of party who has established ground for dissolution or judicial
separation.
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6.
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Death
of party after decree nisi but before decree becomes absolute.
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7.
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Decree
absolute.
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8.
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Rescission
where parties reconciled.
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9.
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Rescission
on ground of miscarriage of justice.
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Order
XIII
Intervention
by Persons not Parties to Proceedings
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1.
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Intervention
by Attorney-General.
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2.
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Intervention
by Attorney-General after decree nisi.
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3.
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Intervention
by other persons.
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Order
XIV
Proceedings
for Ancillary Relief
Part
1
Preliminary
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1.
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Definitions.
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2.
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Certain
proceedings may be instituted without the leave of the court.
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3.
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Application
for leave to institute proceedings for ancillary relief
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4.
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Particulars
to be included in application for ancillary relief.
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5.
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Defence
to proceedings for ancillary relief.
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6.
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Forms
for application for ancillary relief.
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Part
2
Maintenance
pending Suit
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7.
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Assessment
by the registrar.
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8.
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Matters
to be Specified in Assessment.
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9.
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Service
of Assessment.
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10.
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Form
of A | |