CAP. 336]
District Court Civil Procedure
[1983 Ed.
[Subsidiary]
Framing of issues. L.N. 182/70.
Procedure for framing issues.
L.N. 182/70.
(Cap. 7.)
(General) Rules
Framing of issues
25. (1) The Court may, in any proceedings, frame and record such issues of fact and law as it may think fit for the better hearing and determination of the cause and where such issues have been so framed and recorded no party shall be at liberty to depart therefrom except with the leave of the Court which may be given on such terms as to costs, payment of money into court, giving security or otherwise as the Court may think fit.
(2) Notwithstanding the provisions of paragraph (1) the Court may in any cause make any such order for the filing and delivery of pleadings or particulars, formal or informal, as it may consider necessary or desirable for the better hearing and determination of the cause.
(3) Nothing in this rule shall require the Court to frame or to record issues.
26. (1) For the purposes of framing issues in accordance with the provisions of rule 25, the Court may-
(a) ascertain from each party or from his counsel, solicitor or other representative, what facts he admits or denies;
(b) orally examine any party or his representative, other than counsel or solicitor, appearing or present in Court;
(c) order that any party shall appear in person on a date specified in the order and adjourn the hearing of the matter to such date;
(d) call upon any party to produce all documents in his possession or in his power, upon which he intends to rely in support of his case, and if necessary order any party to produce such documents on a date specified in the order and adjourn the hearing of the matter to such date;
(e) have regard to any allegations made in any particulars of claim or other pleadings, formal or informal, in the cause and to the contents of any document produced by any party; and
(f) require the production of, and examine, any record of proceedings forming part of the records of the Court or of a tenancy tribunal established under Part I of the Landlord and Tenant (Consolidation) Ordinance.
(2) The Court may, at any time-
(a) adjourn the framing of issues;
(b) amend issues already framed, frame additional issues or strike out issues which appear to be wrongly framed,
on such terms as to costs, payment of money into court, giving security or otherwise as it thinks fit.