CODE OF CIVIL PROCEDURE-HONGKONG
CHAPTER IX. THE HEARING Non-attendance of Parties
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LXI. When a cause in the hearing-paper has been called on, if Non-attendance neither party attend in person or by counsel, the Court, on being satisfied of both Parties. that the plaintiff has received notice of the hearing, shall, unless it sees
good reason to the contrary, strike the canse out of the hearing-paper.
2.-If the plaintiff does not attend in person or by counsel, the Court, of Plaintiff. on being satisfied that the paintiff has receive notice of the hearing, shall, unle-s it sees good reason to the contrary, strike out the cause, and make suh order as to costs in favour of any defendant appearing as seems just.
3.-If the plaintiff atten 's, but the defendant or any of the defendants Of Defendant. does or do not attend u person or by counsel, the Court shall, before hearing the cause, inquire into the service of the wri: of summons and petition an of notice of bearing on the absent party or parties.
4. If not satisfied as to the service on every party, the Court hall Further Service. direct such further service to be made as it shall think fit, and adjourn the bearing of the cause for that purpose.
5.-If satisfied that the defendant or the several d fendants has or When Court may proceed have been duly ser-ed with the writ of summons and petition, and with
ez parte. notice o the hearing, the Court ay 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 bearing 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.
for absent
6. In all cases where the plaintiff has obtained leave to proceed er Re-hearing parte for want of appearance to the writ of summons, and in all other Defendant. cases where the Court hears a cause and judgment is given in the absence of and against any def ndant, the Court may aft rwards, if it thinks fit, on such terms as seem just, set side 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.
Cause to Hear-
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 ng List for been set down again at the bottom of the general hearing list, and been tran- erred in its regular turn to the hearing-paper.
Plaintif
second Time.
8.Where a cause has been once struck out, and has been a second Non attendance time set don, and has e me into the hearing-paper, and on the day fixed of Plaintiff a for the hearing the plain iff, 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 olintiff 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 canse 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 Court shall fix a day accordingly upon such notice and other terms as scem just.
9. In case the plaintiff does no' attend on the day so fixed, either in person or by counsel, the Court shall, unl as it sees good reason to the contrary, or .er judgment to be entered or the defendant.
Order of Procerding
LXII.—The order of proceeding at the hearing of a cause shall be as
follows:-
1.—The plaintiff shall state the pleadings.
Order.
Effect of Dis- io Suit
in such Cases.
Statement of Pleadings.
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