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CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1121
(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.
O. 14, r. 5. (s. 135 (3).1
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 question to be tried, an order for the proper account, with all necessary inquiries and directions now usual in similar cases, shall be forthwith made.
H. K. Code, O. 3, r. 8. 2, 15. [cf. s. 135 (3).]
(2) The application for such order shall be made by summons and be supported by an affidavit, when necessary, filed on behalf of the plaintiff, stating concisely the grounds of his claim to an account. The application may be made at any time after the time for entering an appearance has expired.
Concurrent writs. s. 13 (3). O. 6, r. 1.
25.-(1) The plaintiff in any action may, at the time of or at any time during twelve months after the issuing of the original writ of summons, issue one or more concurrent writs, each concurrent writ to bear teste of the same day as the original writ, and to be marked by the Registrar with the word "concurrent" and the date of issuing the concurrent writ: Provided that such concurrent writ or writs shall only be in force for the period during which the original writ in the action may be in force.
(2) A writ for service within the jurisdiction may be issued and marked as a concurrent writ with one for service out of the jurisdiction; and a writ for service, or whereof notice in lieu of service is to be given, out of the jurisdiction, may be issued and marked as a concurrent writ with one for service within the jurisdiction.
O. 6, r. 2.
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