The High Court in Pretoria dealt with an application to rescind a default order granted on 13 May 2025, including an order declaring immovable property executable under Rule 46A. The court found the order was erroneously sought and granted in the applicant's absence and rescinded the orders under Rule 42(1)(a). It also ordered that the applicant deliver her plea within 20 court days.
This appears to concern rescission of default judgment and Rule 46A execution proceedings, and may be relevant to banking, debt enforcement and property matters.
Evidence from source
This is an application to rescind an order granted by default by van Aswegen AJ on 13 May 2025. Van Aswegen AJ entered default judgment and granted orders for the execution against the applicant’s immovable property in terms of Rule 46A.
Supports: plain summary sentence 1
The orders fall to be rescinded, and I exercise my discretion to do so.
Supports: plain summary sentence 2
31.2. The applicant is to deliver her plea within 20 court days.
Supports: plain summary sentence 3