5. Order 12, Rule 2 shall be deleted and the following substituted therefor:

"2 (1) Save as otherwise provided for in rule 2 (3), an appearance to any plenary summons, or summary summons shall be entered within eight days after the service of the summons, exclusive of the day of service, unless the Court shall otherwise order.

(2) Save as otherwise provided for in rule 2 (3), a defendant in proceedings commenced by special summons may enter an appearance thereto at any time, but shall not, without the leave of the Court, be entitled to be heard in such proceedings unless he has entered an appearance.

(3) An appearance to an originating summons in respect of proceedings issued for service out of the jurisdiction under Order 11A, rule 2 (including an appearance entered solely to contest jurisdiction by virtue of Article 18 of the 1968 Convention) shall be entered —


(a) within five weeks after the service of the summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of another Contracting State, or

(b) within six weeks after the service of the summons exclusive of the day of service where an originating summons or notice of an originating summons is served in any non-European territory of a Contracting State or on any co-defendant who is not domiciled in a Contracting State.


(4) In this rule, "Contracting State", "the 1968 Convention" and "domicile" have the same meaning as in Order 11A, rule 8."