AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
253. The provisions of the next five succeeding sections shall apply, with the necessary modifications, in every case where notice of motion has been served on a party.
Procedure where notice of motion served. New.
Order to show Cause.
Nature of order.
254. An order to show cause shall specify a day when cause is to be shown, to be called the return-day of the order, which shall ordinarily be not less than four days after service of the order.
H. K. Code, B. 44 (1)
Filing of counter affidavit.
255. A person served with an order to show cause may, before the return-day, file affidavits contradicting the evidence used in obtaining the order, or setting forth other facts on which he relies to induce the Court to discharge the order.
Ib. s. 44 (2.)
Person served with order.
· Ib. 8. 44 (3.)
256. On the return-day, if the person served with the order does not appear, and the Court is not satisfied that the service of the order on all proper parties has been duly effected, the Court may enlarge the time and direct further service, or make such other order as may seem just.
Non-appearance of person served with order.
257. If the person served with the order appears, or the Court is satisfied that service of the order on all proper parties has been duly effected, the Court may proceed with the hearing of the motion.
Appearance of person served with order. Ib. s. 44 (4.)
General powers of the Court on hearing.
258. On the hearing, the Court may either discharge the order, or make it absolute, or permit further affidavits to be filed in support of or against it, and may modify the terms of the order so as to meet the merits of the case.
Ib. 8. 44 (5.)
Filing of application for summons.
259.-(1.) Any party to an action or other proceeding who desires to ask the Court in Chambers for an order shall file in the Registry a copy of the summons which it is desired should be issued for that purpose.
Ib. n. 45 (1.), Schedule: Forms Nos.
(2.) Such copy shall be signed by the party or by or in the name of his solicitor.
260. The Registrar may thereupon issue a summons, setting forth the nature of the application and ordering the person to whom it is directed to appear at the time and place directed by the Registrar and specified in the summons.
2
261. On the return-day of the summons, if the person to whom the summons is directed appears or, in his absence, on proof of service of the summons on the person to whom it is directed, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a summary way, and make such order as may be just.
25 and 26.-
Issue of summons. Ib. s. 45 (3.).
Proceedings on return-day of summons.
Tb. 8. 45 (4.) Schedule: Form No. 27.
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