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High Court refuses to set aside ex parte order amending the summons to change the name of the plaintiff, on the grounds that the High Court had ample authority to make the order made pursuant to the rule relied upon.
Application by debtor to set aside ex parte order amending summons - changed the name of the plaintiff – debtor allegedly defaulted on loan agreement – letter of demand – proceedings issued and served – application to amend the title – orders made to amend the title – further application to amend the summons – orders made – now under appeal to the Court of Appeal – jurisdiction to amend pleadings – whether the bank proceeded by the correct rule – time limit to set aside an ex parte order - complains there was a non-service of the ex parte docket on him and he should have been advised of this – appearance not served – documents not brought to the attention of the court - his right to participate has been denied to him - undoubtedly the case that the current plaintiff is the correct plaintiff - High Court has ample authority to make the order made pursuant to the rule relied upon - has not established that there has been concealment – application to set aside ex parte order refused
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