LAW AMENDMENT.
No. 2 of 1901.
691
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 Ordinance, 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;
No. 3 of 1901.
(4) the court shall recognize and take notice of all equitable estates, rights and titles, and all equitable duties and liabilities [cf. 15 & 16 Geo. 5, c. 49, s. 40.] appearing incidentally in the course of any cause or matter, in the same manner in which the court in its equitable jurisdiction would have recognized and taken notice of the same in any suit or proceeding duly instituted therein before the commencement of the Hong Kong 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 or on any terms or conditions, may be relied on by way of defence thereto. Provided that nothing in this Ordinance shall disable the court from directing a stay of proceedings in any cause or matter pending before it, if it thinks fit: and any person, whether a party or not to any such cause or matter, who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule or order, contrary to which all or any part of the proceedings in such cause or matter may have been taken, shall be at liberty to apply to the court, by motion in a summary way, for a stay of proceedings in such cause or matter, either [cf. No. 3 of 1901, s. 2.] [cf. 15 & 16 Geo. 5, c. 49, s. 41.]