CODE OF CIVIL PROCEDURE-HONGKONG.
133
ex parte.
5.-If satisfied that the defendant or the several defendants has or When Court have been duly served with the writ of summons and petition, and with may proceed notice of the hearing, the Court may proceed to hear the same notwith- standing the absence of the defendant or any of the defendants, and may, on the evidence adduced by the plaintiff, give such judgment as appears just. The Court, however, shall not be bound to do so, but may order the hearing to stand over to a further day, and direct fresh notice to be given to the defendant or defendants in case justice seems to require an adjournment.
Defendant.
6.In all cases where the plaintiff has obtained leave to proceed ex Re-hearing parte for want of appearance to the writ of summons, and in all other for absent cases where the Court hears a cause and judgment is given in the absence of and against any defendant, the Court may afterwards, if it thinks fit, on such terms as seem just, set aside the judgment and re-hear the cause, on its being established by evidence on oath to the satisfaction of the Court that the defendant's absence was not wilful, and that he has a defence upon the merits.
ing List for
7. Where a cause is struck out by reason of the absence of the Restoration of plaintiff, it shall not be restored without leave of the Court, until it has Cause to Hear- been set down ag in at the bottom of the general hearing list, and been Plaintiff transferred in its regular turn to the hearing-paper.
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L
second Time.
8. Where a cause has been once struck out, and has been a second Non-attendance time set down, and has come into the hearing-paper, and on the day fixed f Plaintiff a for the hearing the plaintiff, having received due notice thereof, fails to attend either in person or by counsel when the case is called on, the Court, on the application of the defendant, and if the non-attendance of the plaintiff appears to be wilful and intended to harass the defendant, or to be likely to prejudice the defendant by preventing the hearing and deter- mination of the suit, may make an order on the plaintiff to show cause why a day should not be fixed for the peremptory hearing of the cause; and on Peremptory the return to that order, if no cause, or no sufficient cause be shown, the Order. Court shall fix a day accordingly upon such notice and other terms as seem
just.
9. In case the plaintiff does not attend on the day so fixed, either in Effect of Dia- person or by counsel, the Court shal', unless it sees good reason to the mid of Suit contrary, order judgment to be entered for the defendant.
Order of Proceeding.
LXII. The order of proceeding at the hearing of a cause shall be as follows:-
1.-The plaintiff shall state the pleadings.
in such Cases,
Statement of
Burden of
2. The party on whom the burden of proof is thrown by the nature Pleadings. of the material issues or questions between the parties has the right to Proot. begin; he shall address the Court and open his cas.
Party to begin.
3. He shall then produce his evidence and examine his witnesses in Evidence, chief.
4. When the party beginning has concluded his evidence, he shall summing up. ask the other party f he int uds to call evide. ce ( n which term is included evidence taken by affidavit or deposition, or under commission, and docu- mentary evidene not alreay read or taken as read); and, if answered in the negative, he shall be entitled to sum up the evidence alea ly given and comment thereon; but if answered in the affirmative, he shill wait - for his general reply.
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Party.
5.When the party beginning has concluded his case, the other party Case of other shall be at liberty to address the Court, and to call evidence and to sum up and comment thereon.
6. If no evidence is called or read by the latter party, the party General Reply. beginning shall have no right to reply, unless he has been prevented from