ORDER 2 - EFFECT OF NON-COMPLIANCE

ORDER 2
EFFECT OF NON-COMPLIANCE
1 Non-compliance with rules (O. 2, r. 1)
(1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
(2) Subject to paragraph (3), the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an originating process other than the one employed.
2 Application to set aside for irregularity (O. 2, r. 2)
(1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) An application under this rule may be made by summons or motion and the grounds of objection must be stated in the summons or notice of motion.
3. Preliminary objection for non-compliance of rules not allowed(O 2,r 3)
A court or judge shall not allow any preliminary objection by any party to any cause or matter or proceedings only on the ground of non-compliance of any of these Rules unless the court or judge is of the opinion that such non-compliance has occasioned a substantial miscarriage of justice.
ORDER 3
TIME
1 "Month" means calendar month (O. 3, r. 1)
Without prejudice to the Interpretation 1967, in its application to these rules, the word "month", where it occurs in any judgment order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context requires.
2 Reckoning periods of time (O. 3, r. 2)
(1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.
(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include the day before the weekly holiday, the weekly holiday or public holiday, that day shall be excluded.
3 Court Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3)
Unless the Court otherwise directs, the period of the Court Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.
4 Time expires on weekly holiday, etc. (O. 3, r. 4)
Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at the Registry expires on a weekly holiday or other day on which the Registry is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which the Registry is open.
5 Extension, etc., of time (O. 3, r. 5)
(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these rules or by any judgment, order or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.

(4) In this rule references to the Court shall be construed as including references to the Supreme Court.
6 Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.
A summons on which no order was made is not a proceeding for the purpose of this rule.