(1) If in a claim covered by rule 72.19(1) the claimant fails to file a preliminary act within the prescribed period —
(a) any defendant who has filed such an act may apply to the court for an order to dismiss the proceedings; and
(b) the court may —
(i) dismiss the proceedings; or
(ii) make such other order on such terms as it thinks fit.
(2) If in a claim in personam covered by rule 72.19(1) a defendant fails to file a preliminary act within the prescribed period, Part 12 applies as if the defendant's failure to file the preliminary act within that period were a failure to file a defence on the claimant within the period fixed for service of the defence, and the claimant, if it has filed a preliminary act may, subject to rule 12.3(1)(b), enter judgment against that defendant.
• Rule 12.3(1)(b) deals with default judgment in proceedings against a State.
(3) If in a claim in rem within rule 72.19(1) a defendant fails to file a preliminary act within the prescribed period, the claimant, if the claimant has filed such an act —
(a) may apply to the court for judgment against that defendant; and
(b) need not file or serve a statement of case or an affidavit before the hearing.
(4) On the hearing of an application under paragraph (3), if —
(a) the defendant does not appear at the hearing; and
(b) the court is of the opinion that judgment should be given for the claimant provided the claimant proves the claimant's case,
it must order the claimant's preliminary act to be opened and require the claimant to satisfy the court that the claim is well founded.
(5) If paragraph (4) applies, the claimant's evidence may, unless the court otherwise orders, be given by affidavit without any order or direction in that behalf.
(6) If the claimant satisfies the court that the claim is well founded, the court may —
(a) give judgment on the claim; and
(b) at the same time order the property against which the claim is brought to be appraised and sold and the proceeds to be paid into court; or
(c) make such order as it thinks fit.
(7) The court may, on such terms as it thinks fit, set aside any judgment entered in pursuance of this rule.
(8) In this rule references to the prescribed period are to be construed as references to the period within which by virtue of —
(a) rule 72.19(3); or
(b) any order of the court,
a party is required to file a preliminary act.