388
Service in pursuance of Statule.
Where defen.
dant knows of summons leas
RULES OF SUPREME COURT IN CHINA
evidence before it that the service has come to the knowledge of the de- fendant before the return day, but no such evidence shall be necessary in the cases mentioned in Rules Nos. 109 (sections 4, 5, and 6) and 110.
113. Whenever, by any Statute, provision is made for service of any summons or other process upon any corporation, society, fellowship, or any body or number of persons, whether corporate or otherwise, the sum- mons may be served in the manner provided.
114. When a summons has been served in one of the modes before mentioned, but is proved to have come to the knowledge of the defendant than five clear less than five clear days before the return day, the action may, at the discretion of the Court, proceed or be adjourned, whether the defendant appears or not.
days before
return day.
Service of
AUMMONses
generally.
Renewal of
summons.
Where plaintiff sues on behalf of others.
Where defen-
defend on
behalf of
others.
115. The foregoing Rules as to the mode, but not those as to the time of service of summonses to appear to an action, shall apply to the mode of service of all summonses or other process whatsoever, except where otherwise directed by Statute or by these Rules.
116. No summons shall be renewed if the non-service has been caused by the fact of the defendant having removed before the entry of the action from the aldress given, or of the plaintiff having given a wrong or insufficient address; but in every such case a fresh action must be entered and a new summons issued.
Special Defences.
117. Where a plaintiff sues on behalf of others having the same in- terest, the defendant may avail himself of any defence in respect of each of the persons on whose behalf the plaintiff is suing, which he would have had had such person been plaintiff.
118.
(1) When a defendant desires to defend on behalf of others dant desires to having the same interest he shall, within seven clear days of the service of the summons, apply to the Court for leave so to defend, and shall file an affidavit of the facts on which he relies to obtain such le ave, together with the names, addresses, an occupations of such pers ous, and the Court may thereupon make an order for the defen lant so to defend, and shall add the names to that of the defendant, and a copy of the order shall be personally servel on each of such persons, an notice sent to the plaintiff.
Notice of
Form 16.
(2) The plaintiff, or any of the persons whose names have been so added, may at the trial object to the defendant defending on behalf of the persons included in the order, and the Court may, if it thinks fit, strike the name of all or any of such persons out of the proceedings, and order the defen lant to pay such costs as it shall think fit.
119.-(1) When the defendant intends to rely upon any of the special defence grounds of defence hereinafter mentioned, or upon any counterclaim, he shall file a notice stating therein his name and address together with a concise statement of such grounds two days before the return day of the summons; the Registrar shall thereupon send a copy of such notice and particulars to the plaintiff.
(2) If this rule has not been complied with, an the plaintiff does not consent at the hearing to allow the defendant to avail himself of the special defence, the Court may adjourn the trial on such terms as it may think fit to enable the defendant to give the required notice.