1138
No. 3 of 1901.
Procedure on default of appearance to specially indorsed writ.*
H. K. Code, s. 13 (1).
CODE OF CIVIL PROCEDURE.
(2) The defendant may, notwithstanding such payment, have the costs taxed, and if more than one-sixth shall be disallowed, the plaintiff's solicitor shall pay the costs of taxation.
22. In default of appearance to a specially indorsed writ, the plaintiff, on satisfying the Court that the writ was duly served, shall be entitled to judgment for any sum not exceeding the sum indorsed on the writ, together with interest at the rate specified, if any, or, if no rate is specified, at the rate fixed by the Court, to the date of the judgment, and costs, or that the person whose title is asserted in the writ shall recover possession of the immovable property, and costs. Provided that the Court may, nevertheless, on such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits accounting for his non-appearance and disclosing a defence on the merits.
Procedure where defendant appears to specially indorsed writ.
H. K. Code, s. 13 (2).
*
O. 14 r. 5.
Right to indorse writ specially in case of ordinary account.
23.—(1) Where the defendant appears to a specially indorsed writ, the plaintiff may, on filing an affidavit made by himself or by any other person who can swear positively to the facts, verifying the cause of action and the amount claimed, if any, and stating that in his belief there is no defence to the action, take out a summons calling upon the defendant to show cause why the plaintiff should not proceed to judgment and execution.
(2) On the hearing of such summons, the Court shall make such order, and on such terms and conditions, if any, as may be just.
(3) If it appears to the Court that any defendant has a good defence to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff may be allowed to proceed to judgment and execution against the latter, without prejudice to his right to proceed with his action against the former.
24.—(1) In like manner, in cases of ordinary account as in the case of a partnership, or executorship, or ordinary trust account, where nothing more is required in the first instance than an account, the writ may be specially indorsed with a claim for such account, and in default of appearance, or after appearance, unless the defendant satisfies the Court that there is really some preliminary issue thereon.
H. K. Code, s. 13 (3).
O. 3 r. 8.
O. 15.
* As amended by No. 1 of 1912.