AD. 1901.
CODE OF CIVIL PROCEDURE.
711
to correspond
[No. 3.
313-(1.) Where the evidence adduced at the trial varies substantially from the allegations of the respective parties in the pleadings, it shall be in the discretion of the Court to allow the pleadings to be amended, so as to make the pleadings correspond with the evidence.
(2.) The Court may allow such amendment on such terms as to adjournment, costs, and other things as may seem just, so as to avoid surprise and injury to any party.
314. In an action for libel or slander, in which the defendant does not by his statement of defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published or as to the character of the plaintiff, without the leave of the Court, unless he has, seven days at least before the trial, furnished particulars to the plaintiff of the matters as to which he intends to give evidence.
Incidental Powers of the Court.
315-(1.) The Court may at the trial, without the consent of parties, direct a nonsuit or judgment for the plaintiff or defendant to be entered, or it may reserve any point of law, or direct judgment to be entered subject to a special case to be stated for the opinion of the Court.
(2.) Every such point of law so reserved and every such special case shall be heard before the Full Court.
(3.) The Court may order any such point of law so reserved to be set down for argument without any previous application.
(4.) The provisions of Chapter 8 shall, with the necessary modifications, apply to every such special case.
Withdrawal from and Settlement of Action.
316. (1.) If the plaintiff, at any time before final judgment, satisfies the Court that there are sufficient grounds for permitting him to withdraw from the action, with liberty to bring a fresh action for the same cause, it shall be competent to the Court to grant such permission, on such terms as to costs or otherwise as may seem just.
(2) In any such fresh action the plaintiff shall be bound by the rules for the limitation of actions in the same manner as if the first action had not been brought.
(3.) If the plaintiff withdraws from the action without such permission, he shall be precluded from bringing a fresh action for the same cause of action.
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