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Supreme Court Civil Procedure Act 1932 (No. 58 of 1932)
|Requested: 31 May 2016|
|Consolidated as at: 21 Feb 2012|
201. Provision for cases of doubt or difficulty
(1) In any case in which no form or manner of procedure is provided for by this Act or the Rules of Court, or in which any difficulty arises or doubt exists as to the procedure or practice to be followed in, or with respect to, any proceeding in the Court, or about to be instituted therein, the Court or a judge, if satisfied that such case is unprovided for, or that there is any such difficulty or doubt, shall have jurisdiction to make such order and give such directions as to the institution or prosecution of the proceeding as may be necessary to meet the case, and any proceeding or step in a proceeding taken in accordance with any such order or direction, shall be deemed to be regular and sufficient. Any such order or direction made or given by a judge may be varied or discharged by a Full Court, but the variation or discharge of the order or direction shall not invalidate or affect the regularity or sufficiency of any proceeding or step in a proceeding taken pursuant to any such order or direction.
(2) If the case which is not provided for, or with respect to which the difficulty has arisen or the doubt exists, is as to the form or manner in which a proceeding should be instituted, or if it arises in a matter which will be, or has been, heard ex parte, the application for an order or directions under subsection (1) shall be made to the Court or a judge (whether sitting in court or in chambers) by or by way of motion by or on behalf of the person desiring to institute the proceeding or the person prosecuting the matter, as the case may be.
(3) If the case which is not provided for, or with respect to which the difficulty has arisen or the doubt exists, arises in a cause, the application for an order or for directions under subsection (1) shall, if made to the Court or a judge sitting in court as a court be made by motion, and if made to a judge sitting in chambers be made by summons, and in either case in accordance with the Rules of Court.