(1)  A plaintiff, by notice, may discontinue, wholly or in part, an action against a defendant –

(a) at any time before delivery of a defence; or

(b) after the delivery of a defence and before taking any other step in the action, other than making an interlocutory application.

(2)  At any time before judgment, the Court or a judge may grant leave –

(a) to a plaintiff to discontinue, wholly or in part, an action against all or any of the defendants; or

(b) to a defendant to discontinue, wholly or in part, a counterclaim against all or any of the defendants to the counterclaim.

(3)  Leave may be granted on any terms as may be just.