CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1157
(2) In any case in which issues arise in an action other than between plaintiff and defendant, if any party to any such issue makes default in filing any pleading, the opposite party may apply to the court for such judgment, if any, as upon the pleadings he may appear to be entitled to; and the court may order judgment to be entered accordingly, or may make such other order as may be necessary to do complete justice between the parties.
Matters arising pending the action.
170.-(1) Any ground of defence which has arisen after action brought, but before the defendant has filed his statement of defence, and before the time limited for his doing so has expired, may be raised by the defendant in his defence or statement of defence, either alone or together with any other ground of defence.
(2) If, after a statement of defence has been filed, any ground of defence arises to any set-off alleged therein by the defendant, it may be raised by the plaintiff in his reply, if any, either alone or together with any other ground of reply.
H. K. Code, s. 63.
O. 24, r. 1.
171. Where any ground of defence arises after the defendant has filed his statement of defence, or after the time limited for his doing so has expired, the defendant may, and where any ground of defence to any set-off or counterclaim arises after reply, if any, or after the time limited for filing a reply, if any, has expired, the plaintiff may, within eight days after such ground of defence has arisen, or at any subsequent time by leave of the court, file a further statement of defence or further reply, as the case may be, setting forth the same.
O. 24, r. 2.
172. Where the defendant, in his statement of defence or in a further statement of defence as mentioned in section 171, alleges any ground of defence which has arisen after the commencement of the action, the plaintiff may file a confession of such defence, and may thereupon sign judgment for his costs up to the time of the pleading of such defence, unless the court, either before or after the filing of such confession, otherwise orders.
O. 24, r. 3.
* As amended by Law Rev. Ord., 1924.
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