AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
291. In any other cause or matter, on the application of any party hereto for a trial by the Court with a jury of the cause or matter or of any issue of fact, an order shall be made for such trial accordingly.
292. In every cause or matter, unless under the provisions of the last preceding section a trial by the Court with a jury is ordered or under section 289 either party has signified a desire to have a trial by the Court with a jury, the mode of trial shall be by the Court without a jury: Provided that in any such case the Court may at any time order any cause, matter, or issue to be tried by the Court with a jury, or by the Court sitting with assessors, or by a referee with or without assessors.
Order for trial with jury: O. 36 r. 6.
Mode of trial in cases not expressly provided for. Ib. r. 7.
Different modes of trial for different questions. Ib. r. 8.
293. Subject to the provisions of the last five preceding sections, the Court may, in any cause or matter, at any time or from time to time order that different questions of fact arising therein be tried by different modes of trial or that one or more questions of fact be tried before the others, and may appoint the places for such trials, and in all cases may order that one or more issues of fact be tried before any other or others.
294. In any case where an order might be made or has been made for a trial by the Court with or without a jury, the Chief Justice may order that such trial shall be by the Full Court with or without a jury, as the case may be.
295. All the existing statutes relating to juries shall be deemed to continue in full force and effect so far as the same may not be inconsistent with any provision of this Code.
CHAPTER XII.
TRIAL.
Full Court. New.
Saving of existing statutes relating to juries. H. K. Code, s. 53 (7). See Ordinance No. 7 of 1887.
Non-Attendance of Parties.
296. When a cause is called on for trial, if neither party appears, the Court may, if it thinks fit, strike the cause out of the trial paper.
Default of appearance by both parties. Ib. s. 61 (1).
Default of appearance.
297. If the plaintiff does not appear but the defendant appears, the Court, on being satisfied that the plaintiff has received notice of trial, shall, unless it sees good reason to the contrary, strike the cause out of the trial paper, and make such order as to costs in favour of the defendant as may seem just.
Ib. s. 61 (2).
298. If the plaintiff appears but the defendant does not appear, the Court shall, before trying the cause, inquire into the service of the writ of summons, of the statement of claim, and of notice of trial on the defendant.
Default of appearance by plaintiff. Ib.
Default of appearance by defendant. Ib. s. 61 (3).