CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1183
questions of fact be tried before the others, and may appoint the places for such trials, and in all cases may order that one or more issues of fact be tried before any other or others.
Full Court.
294. In any case where an order might be made or has been made for a trial by the court with or without a jury, the Chief Justice may order that such trial shall be by the Full Court with or without a jury, as the case may be.
295. All existing enactments relating to juries shall be deemed to continue in full force and effect so far as the same may not be inconsistent with any provision of this Code.
CHAPTER XII.
TRIAL.
Non-attendance of parties.
existing laws relating to juries. H. K. Code, s. 53 (7). [cf. No. 6 of 1887.]
296. When a cause is called on for trial, if neither party appears, the court may, if it thinks fit, strike the cause out of the trial paper.
Default of appearance of both parties. H. K. Code, s. 61 (1).
by plaintiff.
297. If the plaintiff does not appear but the defendant appears, the court, on being satisfied that the plaintiff has received notice of trial, shall, unless it sees good reason to the contrary, strike the cause out of the trial paper, and make such order as to costs in favour of the defendant as may seem just.
Default of appearance by defendant.
298. If the plaintiff appears but the defendant does not appear, the court shall, before trying the cause, inquire into the service of the writ of summons, of the statement of claim, and of notice of trial on the defendant.
H. K. Code, s. 61 (3).
service.
299. If it is not satisfied as to the service on every party, the court shall direct such further service to be made as it may think fit, and shall adjourn the trial of the cause for that purpose.
H. K. Code, s. 61 (4).
statement of defence.
300. Where the defendant does not file a statement of defence, the plaintiff at the trial must open his case, and adduce evidence in support of it, and take such judgment as to the court may seem just, and the defendant shall not...
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