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THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
Copies.
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 expedient, 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 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
have to allege. The Plaintiff shall, in his Petition, offer Offer to allow to allow the Defendant to inspect such Papers and Documents Inspection. as aforesaid, or such of them as are in his Possession or Power.
Equitable Relief and Defence.
asked.
XXVII. Every Petition is to be taken to imply an Offer to do May be grant- Equity in the Matter of the Suit and to admit of any equitable ed though not Defence, and, on the other Hand, to enable the Plaintiff to obtain specifically at the Hearing any such equitable Relief as he may appear entitled to from the Facts stated and proved, though not specifically asked, if it may be granted without IIardship to the Defendant.
Parties.
XXVIII. Persons entitled to sue and suing on behalf of others, Must stare as Guardians, Executors, or Administrators, or on behalf of them- Character in selves and others as Creditors in a Suit for Administration, must state the Characters in which they sue.
which they sue.
2. All Persons having a joint Cause of Suit against any Joint Cause Defendant ought ordinarily to be Parties to the Suit.
of Suit.
Demand.
3. Where the Plaintiff has a joint and several Demand Joint and against several Persons, either as Principal or as Sureties, it shall several not be necessary for him to bring before the Court as Parties to a Suit concerning such Demand all the Persons liable thereto, but he may proceed against one or more of the Persons severally liable.
4. If it appear to the Court, at or before the Hearing of a Perseus not Suit, that all the Persons who may be entitled to, or who claim before the
Court may be some Share or Interest in the Subject Matter of the Suit, and who made Parties.. may be likely to be affected by the Result, have not been made Parties to the Suit, the Court may adjourn the Hearing of the Suit to a future Day to be fixed by the Curt, and direct that such Persons shall be made either Plaintiffs or Defendants in the Suit, as the Case may be. In such Case, the Court shall issue a Notice to such Persons in the Manner provided in this Code for Notice to such the Service of a Writ of Summons on a Defendant, and on Proof Persons.
of due Service of such Notice, the Person so served whether he shall have appeared or not, shall be bound by all Proceedings in the Cause.
Suit in one Petition.
5. In Case a Petition states two or more distinct Causes of Suit, Distinct by and against the same Parties, and in the same Rights, the Court Causes of may, either before or at the Hearing, if it appears inexpedient to try the different Causes of Suit together, order that different Records be made up, and make such Order as to Adjournment and Costs as Justice requires.
6. In Case a Petition states two or more distinct Canses of Suit, Misjoinder of but not by and against the same Partics or by and against the Suits. same Parties, but not in the same Rights, the Petition may, on the Application of any Defendant, be amended or dismissed.
Service of Petition.
XXIX. As soon as practicable after the Filing of the Petition, Where the Plaintiff shall cause a Copy thereof under the Seal of the Defendant
has appeared. Court to be served upon every Defendant to the Suit and such Copy shall contain a Memorandum endorsed thereon requiring the Defendant to file an Answer to the Petition within Ten Days from the Day of such Service, or in Cases of Service out of the Jurisdiction, within such Time as the Court shall have ordered: Provided always that no such Service of the Petition shall be Where required to be made upon any Defendant who has failed to Defendant has enter an Appearance and as against whom the Plaintiff has not appeared. obtained the Leave of the Court to proceed with his Suit ex parte.
2. Where Service of the Writ of Summons is directed to be Where Service made out of the Jurisdiction, the Court may order that the Peti- made out of tion be filed forthwith and that a Copy thereof under the Seal of Jurisdiction. the Court be served upon the Defendant concurrently with the Writ.
Staying Proceedings for Defect in Petition.
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XXX. Where a Petition is defective on the Face of it by On Application reason of Non-compliance with any Provision of the Code, the of Defendant. Court may, either on Application by a Defendant, or of its own Motion, make an Order to stay Proceedings until the Defect is
remedied.
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