1188
No. 3 of 1901.
Withdrawal of plaintiff from action. H. K. Code, s. 66 (1).
Settlement
CODE OF CIVIL PROCEDURE.
(2) Every such point of law so reserved and every such special case shall be heard before the Full Court.
(3) The court may order any such point of law so reserved to be set down for argument without any previous application. (4) The provisions of Chapter VIII shall, with the necessary modifications, apply to every such special case.
Withdrawal from and settlement of action.
316. (1) If the plaintiff at any time before final judgment, satisfies the court that there are sufficient grounds for permitting him to withdraw from the action, with liberty to bring a fresh action for the same cause of action, it shall be competent to the court to grant such permission, on such terms as to costs or otherwise as may seem just.
(2) In any such fresh action the plaintiff shall be bound by the rules for the limitation of actions in the same manner as if the first action had not been brought.
(3) If the plaintiff withdraws from the action without such permission, he shall be precluded from bringing a fresh action for the same cause of action.
317. (1) If an action is settled by mutual agreement or compromise or if the defendant satisfies the plaintiff in respect of the subject-matter of the action, the agreement, compromise, or satisfaction shall be recorded, and the action shall be disposed of in accordance therewith.
mutual agreement, etc.
H. K. Code, s. 66 (2), (3).
(2) Notice of such agreement, compromise, or satisfaction shall be given by the plaintiff, or, if a solicitor is employed, by his solicitor, to the Registrar, together with such particulars as may be required of him, within one week after the same has been made, and, in default thereof, the plaintiff or his solicitor, as the case may be, shall be deemed guilty of a contempt of court, and shall be liable to be proceeded against and punished accordingly.
CHAPTER XIII.
EVIDENCE.
Evidence in general.
318. The existing rules of evidence shall continue in full force and effect so far as they are not modified by any provisions of this Code.
H. K. Code, s. 54 (1).
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