Section 21E: Settlement through Court
consolidated text (as at 2006, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
21E. Settlement through Court
(1) Where a claim has been communicated to the defendant in accordance with section 21H, the defendant shall, within 14 days of the date of
the communication, lodge with the clerk his reply in the form specified in the
First Schedule.
(2) Where the defendant admits the claim in full, the Magistrate may give
judgment against the defendant in the sum claimed and may award costs,
and the clerk shall inform the claimant and the defendant accordingly.
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Revised Laws of Mauritius
(3) Where the defendant—
(a) fails to reply to the claim within the time-limit specified in subsection (1);
(b) disputes the claim in full or in part; or
(c) makes a counterclaim,
the Court shall, before hearing the claim, convene the parties to the dispute
in Chambers, on a date to be fixed by the Court, for consultation with a view
to effecting a settlement acceptable to all the parties.
(4) The date to be fixed under subsection (3) shall be not later than
one month from the date on which the reply was received or should have
been received under subsection (1).
(5) Where a settlement is reached between the parties, the Court may
make such order as it thinks fit to give effect to the settlement reached by
the parties.
(6) An order made under subsection (5) shall have effect as a judgment
of the Court for the purposes of section 22.
[S. 21E inserted by Act 4 of 1999.]
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Questions this section answers
- How many days does the other side have to reply to my small claim?
- If the other side disputes my small claim, will the Court try to help us settle it before a hearing?