| (3) | A plaintiff residing in the area of jurisdiction of the Eastern Cape division may at all times institute an action in the court of the Cape of Good Hope provincial division against a defendant residing in that area, on any cause of action arising in that area, but no action shall be so instituted unless either the leave of the court of the Eastern Cape division or, if the South-Eastern Cape local division has jurisdiction, of the court of that local division has been obtained or the parties to the action have in writing agreed that it be instituted in the Cape of Good Hope provincial division. |