PART XVII SHOWING CAUSE AGAINST A DECREE NISI

54.-(1) (a) When the Attorney-General desires to show cause against making absolute a decree nisi he shall enter an appearance in the cause in which such decree nisi has been pronounced and shall within fourteen days after entering appearance file his plea in the registry setting forth the grounds upon which he desires to show cause as aforesaid and within twenty-four hours Of filing his plea shall deliver a copy thereof to the person in whose favour such decree has been pronounced, to his advocate.

(b) Where such plea alleges a petitioner’s adultery with any named woman the Attorney-General shall deliver to each such woman personally a copy of his plea omitting such part thereof as contains any allegation in which the woman so served is not named, and such copy shall be indorsed with the notice contained in Appendix C so far as applicable; such delivery and notice may only be dispensed with by order on summons for cause shown; proof of such delivery must, unless the Court shall otherwise direct, be by affidavit to which a copy of the plea, as delivered, marked as an exhibit must be annexed; the means of knowledge of the deponent as to the identity of the person served must be shown.

(c) All subsequent pleadings and proceedings in respect of such plea shall be filed and carried on in the same manner as is hereinbefore directed in respect of an original petition except as hereinafter provided.

(2) If no answer to the plea of the Attorney-General is filed within the time limited or if an answer is filed and withdrawn or not proceeded with the Attorney-General may apply forthwith by motion to rescind the decree nisi and dismiss the petition.

(3) If the charges contained in the plea of the Attorney- General are not denied in the answer thereto the party in whose favour the decree nisi has been pronounced shall within fourteen days from the date of the Chief Registrar’s certificate that the pleadings are correct and in order set down the cause for trial or hearing and within twenty-four hours afterwards shall file and give to the Attorney-General notice of his having done so.

In default of such setting down and notice the Attorney- General may apply forthwith by motion to rescind the decree nisi and dismiss the petition.

55. Any person other than the Attorney-General wishing to show cause against making absolute a decree nisi shall enter an appearance in the cause in which such decree nisi has been pronounced and within four days thereafter file affidavits setting forth the facts upon which he relies and within twenty-four hours deliver copies thereof to the party or the advocate of the party in whose favour the decree nisi has been pronounced.

56. The party in the cause in whose favour the decree nisi has been pronounced may within fourteen days after delivery of the affidavits file affidavits in answer, and the person showing cause against the decree nisi being made absolute may within fourteen days file affidavits in reply.

57. No affidavits are to be filed in rejoinder to the affidavits in reply without the leave of a Judge obtained on ex parte application.

58. The questions raised on such affidavits shall be argued in such manner and at such time as a Judge may on application upon summons direct.