1294
No. 3 of 1901.
Effect of non-compliance with the Code. O.70 r. 1.
Time for applying to set aside proceeding for irregularity. ib. r. 2.
Statement of grounds of application. ib. r. 3.
Costs on dismissal of summons to set aside proceeding. ib. r. 4.
Power to enlarge or abridge time for doing act or taking proceeding. H. K. Code, s. 92.
CODE OF CIVIL PROCEDURE.
if it thinks fit, by rule or order, give such relief as by the said section any such competent Court as is mentioned in the Act has power to give.
Irregularity in Proceedings.
695. Non-compliance with any of the provisions of this Code, or with any rule of practice for the time being in force, shall not render any proceeding void unless the Court so directs, but such proceeding may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and on such terms as the Court may think fit.
696. No application to set aside any proceeding for irregularity shall be allowed unless made within a reasonable time, nor if the party applying has taken any fresh step after knowledge of the irregularity.
697. Where an application is made to set aside any proceeding for irregularity, the several objections to be insisted upon shall be stated in the summons or notice of motion.
698. When a summons is taken out to set aside any process or proceeding for irregularity with costs, and the summons is dismissed generally without any special direction as to costs, it is to be understood as dismissed with costs.
Provisions relating to Time.
699.-(1) Nothing in this Code shall affect the power of the Court to enlarge or abridge the time appointed or allowed for the doing of any act or the taking of any proceeding on such terms as justice may require.
(2) Where the Court is by this Code or otherwise authorised to appoint the time for the doing of any act or the taking of any proceeding, or to enlarge the time appointed or allowed for that purpose by this Code or otherwise, the Court may further enlarge any time so appointed or enlarged by it, on such terms as may seem just, whether the application for further enlargement is made before or after the expiration of the time already allowed: Provided that no such further enlargement shall be made unless it appears to the Court to be required for the purposes of justice, and not sought merely for delay.