oa De Rebus - A puzzle for both judicial officers and practitioners

Volume 1998, Issue 369
  • ISSN : 0250-0329



The new r 49(5) of the magistrates' courts rules state that where a plaintiff in whose favour a default judgment was granted has agreed in writing that the judgment be rescinded or varied, either the plaintiff or the defendant against whom the judgment was granted may, by notice to all parties to the proceedings, request the court to rescind or vary the default judgment, which request shall be accompanied by written proof of the plaintiff s consent to the rescission or variation.

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