CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1175
(2) Any party moving the court ex parte may support his motion by argument addressed to the court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the action or proceeding, although present in court, other than the party moving, shall, except by leave of the court, be entitled to be then heard.
250. On a motion coming on for hearing, the court may allow the motion-paper to be amended and additional evidence to be produced by affidavit, or may direct the motion to stand over.
H. K. Code, s. 43(10).
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.
H. K. Code, s. 43(11).
252. Where an order is made on a motion ex parte, any party affected by it may, within ten 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.
H. K. Code, s. 43(12).
253. The provisions of sections 254 to 258 shall apply, with the necessary modifications, in every case where notice of motion has been served on a party.
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 four days after service of the order.
H. K. Code, s. 44(1).
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.
H. K. Code, s. 44(2).
* As amended by Law Rev. Ord., 1924.