CODE OF CIVIL PROCEDURE-HONGKONG
291
Dismissal of Petition on Ground of Law. XXXI.—Where a defendant conceives that he has a good legal or Demurrer. equitable defence to the petition, so that even if the allegat ons of fact in the petition were admitted or clearly established, yet the plaintiff would not be entitled to any decree against him (the defendant), he may raise this defence by a motion that the petition be dismissed without any answer being required from him.
Amendment of Petition.
Particulars.
XXXII.-Any plaintiff not giving sufficient information to enable For insufficient the defendant reasonably to understand the nature and particulars of the claim set up against him, may be ordered, on the application of the defen- dant before arswer, to amend his petition.
referred to.
2.-The plaintiff may be ordered to annex copies of, or produce for Documents inspection, such papers or documents in his possession or power as he has referred to in the petition, and as the defendant is entitled to inspect for the purposes of the suit.
3.-The Court may, in such cases, make such order as to costs as Costs. justice requires, and stay proceedings until the order is complied with.
offensive
4.-If any petition contains libellous or needlessly offensive expres- Libellous or sions, the Court may, either of its own motion before service thereof or Expressions, on application of the defendant, order the petition to be amended, and make such order as to costs as justice requires.
before AuswOr.
5.-A petition may be amended at any time before auswer by leave Amendment of the Court obtained ex parte.
6. Notice of the amendment shall be given to the defendant within Notice thereof. sach time and in such manner as the Court directs.
CHAPTER V.THE ANSWER-REPLICATION-INTERROGATORIES—
SETTLEMENT OF ISSUES.
Form and Contents.
vhich to be
XXXIII.-Unless an answer shall be dispensed with by leave of "ime within the Court, or by consent of parties, or in certain cases by any general ru' died. or order of Court, the defendant must file in the Court an answer to the petition within ten days from the date of the service thereof, or in cases of service out of the jurisdiction, within such time as the Court shall have ordered: Provided always that he may obtain further time to answer, on summons, stating the further time required and the reason why it is required.
2. The application when made, unless consented to, must be sup- Application for ported by affidavit, or, if the Court in its discretion shall permit, by oral further Time.. evidence on oath, showing that there is reasonable ground for the appli- cation and that it is not made for the pupose of delay.
Defendant not
3. Where a defendant does not put in any answer (or such answer Effect of is dispensed with in manuer aforesaid), he sha'l not be taken as admitting answering. the allegations of the petition, or the plaintiff's right to the relief sought; and at the hearing (even though such defendant does not appear) the plaintiff must open his case, and adduce evidence in support of it, and take such judgment as to the Court appears just.
after Time
4.-A defendant neglecting to put in an answer within the time or Leave to answer further time allowed, shall not be at liberty to put in an answer without allowed. leave of the Court, or consent of parties.
5. The Court way grant such leave by order on the ex parte ap- When granted plication of the defendant at any time before the plaintiff has set down ex parte, the cause, or applied to have it set down, for hearing.
required.
6. Where the cause has been set down, or the plaintiff has applied When to have it set down for hearing, the Court shall not grant such leave Summons except on return of a summons to the plaintiff giving notice of defendant's application, and on such terms as to cos's and other matters as seem just.
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