1110
(s. 3 contd.)
[cf. No. 3 of 1901, s. 2.]
No. 2 of 1901.
LAW AMENDMENT.
or matter, or alleges any ground of equitable defence to any claim of the plaintiff or petitioner in such cause or matter, the court shall give to every equitable estate, right, or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect, by way of defence against the claim of such plaintiff or petitioner, as the court in its equitable jurisdiction ought to have given if the same or the like matters had been relied on by way of defence in any suit or proceeding instituted therein for the same or the like purpose before the commencement of the Hongkong Code of Civil Procedure;
(3) the court shall also have power to grant to any defendant in respect of any equitable estate or right or other matter of equity, and also in respect of any legal estate, right, or title claimed or asserted by him, all such relief against any plaintiff or petitioner as such defendant has properly claimed by his pleading and as the court might have granted in any action brought by the same defendant against the same plaintiff or petitioner, and also all such relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who has been duly served with notice in writing of such claim pursuant to the Code of Civil Procedure, as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose, and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights in respect of his defence against such claim as if he had been duly sued in the ordinary way by such defendant;
Ordinance
[cf. No. 3 of 1901, s. 2.]
(4) the court shall recognise and take notice of all equitable estates, rights, and titles, and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the court in its equitable jurisdiction would have recognised and taken notice of the same in any suit or proceeding duly instituted therein before the commencement of the Hongkong Code of Civil Procedure;
(5) no cause or proceeding at any time pending in the court shall be restrained by prohibition or injunction; but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained, if this Ordinance had not been passed, either unconditionally