1180
No. 3 of 1901.
Order for
CODE OF CIVIL PROCEDURE.
CHAPTER XI.
PRELIMINARIES OF TRIAL.
Setting down cause for trial.
277. No cause shall be set down for trial without an order of the court obtained on summons.
H. K. Code, s. 48 (1). Order for setting down on application of plaintiff. H. K. Code, s. 48 (2).
Order for setting down on application of defendant. H. K. Code, s. 48 (3).
General power to postpone trial of cause. H. K. Code, s. 50 (1). O. 36, r. 34.
278. At the expiration of the time allowed for filing a statement of defence, and whether such statement has been filed or not, the court may, on the application of the plaintiff, order the cause to be set down for trial.
279. An order to set down the cause for trial may be made on the application of the defendant, if it appears to the court, having regard to the state of the pleadings, that the cause is ready to be tried, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff has no reasonable excuse (such as the absence or illness of a material witness), and that the defendant is prejudiced, or may reasonably be expected to be prejudiced, by such delay.
Postponement of trial.
280.--(1) The court may at any time, on a summons taken out by any party thereto, postpone the trial of a cause set down, on being satisfied by evidence upon oath that the postponement will have the effect of better ensuring the trial and determination on the merits of the questions in issue between the parties.
(2) The postponement may be for such time and on such terms, if any, as the court may think fit.
281. Where any such application is made on the ground of the absence from the Colony of a witness, the court shall require to be satisfied that his evidence is material and that he is likely to return to the Colony and give evidence within a reasonable time.
H. K. Code, s. 50 (2).
282. Where any such application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the jurisdiction, the court shall require to be satisfied that the evidence of the witness is material, and that he is permanently residing out of the jurisdiction.
H. K. Code, s. 50 (3).