1190
No. 3 of 1901.
Power to make order different from order asked for.
H. K. Code, s. 43 (11).
Application to vary or discharge order made on motion ex parte.
[ib. s. 43 (12).]
Procedure where notice of motion served.
*
Return-day of order.
[ib. s. 44 (1).]
Filing of counter affidavits.
CODE OF CIVIL PROCEDURE.
251. If at the hearing it appears to the Court, on the evidence adduced in support of the motion, or on any additional evidence which the Court may allow to be adduced in support thereof, that the party moving is entitled to an order, absolute or to show cause, different from the order asked for, and the party moving is willing to take such different order, the Court may make an order accordingly.
252. Where an order is made on a motion ex parte, any party affected by it may, within 10 days after service of it or within such further time as the Court may allow, apply to the Court by motion to vary or discharge it; and the Court, on notice to the party who has obtained the order, may either refuse to vary or discharge it or vary or discharge it with or without imposing terms as to costs, or security, or other things as may seem just.
253. The provisions of the next five sections shall apply, with the necessary modifications, in every case where notice of motion has been served on a party.
Order to show Cause.
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 4 days after service of the order.
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.
Non-appearance of person served with order. [ib. s. 44 (3).]
Appearance of person served with order.
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.
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.
* As amended by No. 50 of 1911.