CODE OF CIVIL PROCEDURE-HONGKONG
289
8. Subject to any general rule or ord r relating thereto, the petition Counsel's must be signed by the plaintiff or his counsel in all cases unless the Signature. plaintiff obtain the leave of the Court to dispense with such signature.
Petition.
9.-The Court may, where the circumstances of the case appear to Verification of require it, order the plaintiff to verify his petition, or any part thereof, on oath or by affidavit.
Particulars of Demand.
Particulars.
XXV. Where the plaintiff's claim is for money payable in respect Schedule of of 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 p tition a schedale stating the particulars of his demand in any form which shall give the defendant reasonably sufficient information as to the details o' the claim.
2.-An application or further or better particulars may be made by Application the defendant before answer, on summons.
for further Particulars.
3. The plaintiff shall not at any hearing obtain a judgment for any Effect thefoot, sum exceeding that stated in the particulars, except for consequent interest and the costs o suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds the sum stated in the particulars.
thereof be ore
4.-Par ieulars of demand shall not be amende i except by leave of Amendment the Court; and the Court may, on any application for leave to amend, T grant the same on its appearing that the defendant will not be prejudiced by the amendment. Oherwise the Court may refuse leave, or grant the same on such terms as to notice, postpon ment of trial, or costs, as justice requires.
thereof at
for amendment,
5.—Any variance between the items contained in the particulars and Amendment the items proved at the hearing may be amended at the hearing either at Trial, once or ou such terms as to notice, adjournment, or costs as justice requires.
6. Where particulars are amended by leave of the Court, or where Limit of Time further or bett r 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 sha'l state the time which the defendant is to have to put in his answer.
Papers Annexed.
XXVI. Where the plaintiff seeks (in addition to or without any In what Cases. 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 cincelled, 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 exp dient, 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 Copies. 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 havo to allege. The plaintiff shall, in his petition, offer to allow the defendant Offer to allow t inspect such papers and documents as aforesaid, or such of them as are in his possession or power.
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Equitable Relief and Defence.
Inspection.
XXVII.-Every petition is to be taken to imply an offer to do equity May be granted in the maʼter of the suit and to admit of any equitable defence, and, on though not specifically the other hand, to enable the plaintiff to obtain at the hearing any such asked.
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