PROVISIONAL RULES OF THE SUPREME COURT OF CHINA AND COREA
Pleadings and Issues
XVI.—There shall ordinarily be no written pleadings but the Court Pleadings. may at any time, if it thinks fit, order the plaintiff to put in a written statement of his claim, or a defendant to put in a written statement of his defence.
certain cases.
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XVII.—In all cases in which the party pleading relies on any mis. Particulars in representation, fraud, breach of trust, wilful default or undue influence, particulars thereof shall be delivere i to the other side before the return day, or such other day as the Court may fix.
ings or particu-
XVIII.—(1.) On the return day or on the day when the parties are Order for plead- first before the Court, the Court, on the application of either party or its lars own motion, may make an order for:
(a.) Pleadings.
(b.) Particulars of the plaintiff's claim or of the defendant's counter claim or special defence raised under Rule 15.
(2.) Either party may at any time apply by motion to the Court for an order for pleadings or particulars.
(3.) When the Court makes an order for pleadings or particulars then, unless the Court otherwise order, the pleadings or particulars which in ordinary course should be first delivered shall be delivered within fifteen days of the making of the order, and subsequent pleadings or particulars within fifteen days of the delivery to the opposite party of the previous pleadings or particulars.
(4.) Copies of pleadings or particulars, with a statement of the day on which they are delivered to the opposite party, shall be forthwith filed.
XIX.—When, in any action, it appears to the Court that the issues Settlement of of fact in dispute are not sufficiently defined, the parties may be directed issues. to prepare issues, and such issues shall, if the parties differ, be settled by the Court.
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XX. Any consent in writing signed by or on behalf of the parties Consents. may, by leave of the Court be filed, and shall have the effect of an order of the Court.
H. W. DE SAUSMAREZ,
Digitized by
Judge.