33. MODE OF TRIAL

33. Mode of Trial.
order 33
Mode of Trial

1. Mode of trial. (O. 33 r. 1)
Subject to the provisions of these rules, a cause or matter, or any question or issue arising therein, may be tried before–
(a) a Judge; or
(b) a Judge with the assistance of assessors; or
(c) the Registrar.

2. Time, etc., of trial of questions or issues. (O. 33 r. 2)
The Court may order any question or issue arising in a cause or matter, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

3. Determining the mode of trial. (O. 33 r. 3)
(1) In every action begun by writ, an order made on the summons for directions shall determine the mode of the trial; and any such order may be varied by a subsequent order of the Court made at or before the trial.
(2) In any such action different questions or issues may be ordered to be tried by different modes of trial and one or more questions or issues may be ordered to be tried before the others.
(3) The references in this Order to the summons for directions include references to any summons or application to which, under any of these rules, Order 25, rules 2 to 7 are to apply, with or without modifications.

4. Trial with assistance of assessors. (O. 33 r. 4)
A trial of a cause or matter with the assistance of assessors shall take place in such manner and on such terms as the Court may direct.5. Dismissal of action, etc. after decision of preliminary issue. (O. 33 r. 5)
If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment therein as may be just.