Counsel's Signature.
Verification of Petition.
Schedule of Particulars,
Application for further Particulars
Effect thereof.
Amendment
thereof before Tral
Amendment thereof at Trial.
Limit of Time
118
CODE OF CIVIL PROCEDURE-HONGKONG.
8. Subject to any general rule or order elating thereto, the petition must be signed by the plaintiff or his counsel in all cases unless the plaintiff obtain the leave of the Court to dispense with such signature.
9. The Court may, where the cir umstances of the case appear to require it, order the plaintiff to verify his petition, or any part thereof, on oath or by affidavit.
of
Particulars of Demand.
XXV.--Where the plaintiff's claim is for money payable in respect any contract, express or implied, or to recover the possession or the value of any goods wrongfully taken and detained, or wrongfully detained by the defendant from the plaintiff, it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a schedule stating the particulars of his demand in any form which shall give the defendant reasonably sufficient information as to the details of the claim. 2.-An application for further or better particulars may be made by the defendant before answer, on summons.
3. The plaintiff shall not at any hearing obtain a judgment for any sum exceeding that stated in the particulars, except for consequent interest and the costs of suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds the sum stated in the particulars.
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4. Particulars of demand shall not be amended except by leave of the Court; and the Court may, on any application for lave to amend, grant the same on its appearing that the defendant will not be prejudiced. by the amendment. Otherwise the Court may refuse leave, or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.
5.—Any variance between the items contained in the particulars and the items proved at the hearing may be amended at the hearing either at once or on such terms as to notice, adjournment, or costs as justice requires. 6.--Where particulars are amended by leave of the Court, or where for amendment. further or better particulars are ordered to be given, the order shall state the time within which the amendment is to be made, or the further or better particulars are to be given; and the order for the amendment or further or better particulars shall state the time which the defendant is to have to put in his answer.
In what Cases.
Copies.
Offer to allow Inspection.
May be granted ahough not tpecifically atred.
Papers Annexed.
XXVI.-Where the plaintiff seeks (in addition to or without any order for the payment of money by the defendant) to obtain, as against any person, any general or special declaration by the Court of his rights under any contract or instrument, or to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled, or to restrain any defendant by injunction, or to have any account taken between himself and any other or others, and in such other cases as the nature of the circumstances makes it necessary or expedient, the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the petition, where such papers or documents are brief, or may state any reason for not annexing copies of such papers or documents, or any of them respectively (as, their length, possession of copies by the defendant, loss, inability to procure copies), that he may have to allege. The plaintiff shall, in his petition, offer to allow the defendant to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.
Equitable Relief and Defence.
XXVII.-Every petition is to be taken to imply an offer to do equity in the matter of the suit and to admit of any equitable defence, and, on the other band, to enable the plaintiff to obtain at the hearing any such