Varying or discharge of order.
Return-day.
Counter affidavits.
Proceedings on return-day,
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If the motion, as originally framed, or as amended, is sub- stantially divisible into two or more parts, it may divide the same, and deal in different ways with the separate parts thereof, as the case may require.
If it appears to the Court on the evidence adduced in support of the motion, or on any additional evidence which the Court permits to be adduced in support thereof, that the party moving is entitled to an order absolute or to show cause different from the order asked, and the party moving is willing to take such different order, the Court may so order accordingly. If he is not willing to take such different order, the Court shall refuse the motion.
150. Where an order is made on a motion ex parte, any party affected by it may, within seven days after service of it, apply to the Court by motion to vary or discharge it; and the Court, on notice to the party obtaining the order, either may refuse to vary or discharge it, or may vary or discharge it with or without imposing terms as to costs or security, or other things, as seems just.
Orders to show cause.
151. An order to show cause shall specify a day when cause is to be shown, to be called the return-day to the order, which shall ordinarily be not less than four days after service.
A person served with an order to show cause may, before the return-day, file affidavits in order to contradict the evidence used in obtaining the order, or setting forth other facts on which he relies, to induce the Court to discharge such order.
On the return-day, if the persons served do not appear, in person or by counsel or attorney, and it appears to the Court that the service on all proper parties has not been duly effected, the Court may enlarge the time and direct further service, or make such other order as seems just.
If the persons served appear, or the Court is satisfied that service on all proper parties has been duly effected, the Court may proceed with the matter.
The Court may either discharge the order,--or make the same absolute, or adjourn the consideration thereof,--or permit further affidavits to be filed in support of or against the order,- and may modify the terms of the order so as to meet the merits of the case,-and may make the order so modified absolute, and may, if the order against which cause is shown is substantially divisible into two or more parts, divide the same, and deal in different ways with the separate parts as seems fit; and the Court, as part of its order, may impose terms as to costs or other things on the parties, or any of them, as seems just.
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Summons,
152. An interlocutory application for a summons need not be Application made in writing, but may be made in person either by the for. applicant himself, or by his counsel or attorney.
If the Court considers that a summons ought to be granted, Contents of
it may issue a summons ordering the person to whom it is directed to attend at the time and place specified therein, either in person or by counsel or attorney, and briefly but distinctly setting forth the nature of the particular application.
The summons shall be headed in the suit or other proceeding.
On the return day of the summons, if the person to whom the Proceedings summons is directed attends, or in his absence on proof of ser- on return-day. vice, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a sum-
mary way.
The Court shall take a note of the material evidence, if taken vivă roce.
The Court may adjourn the hearing of any summons when
necessary.
VII-APPEAL TO SUPREME COURT.
1.-ÎN GENERAL,
Ex parte
153. An appeal does not lie from an order made en parte, Any person aggrieved by such an order must apply to the orders. Court by which it is made to vary or discharge it.
for leave.
154. Application for leave to appeal must be made to the Time for Court whose decision is to be appealed from, by motion, application ez parte, ordinarily within seven days after the decision to be appealed from is given, but afterwards by special leave of the Court.
appeal.
155. If leave to appeal is applied for by a person directed Execution of by a decree or order to pay money, or do any other act, the decree or Court below shall direct either that the decision appealed from be order pending carried into execution, or that the execution thereof be suspended pending the appeal, as the Court considers to be in accordance with substantial justice.
If the Court directs the decision to be carried into execu- Security. tion, the person in whose favour it is given shall, before the execution of it, give security to the satisfaction of the Court for the due performance of such order as the Supreme Court may make.
If the Court directs the execution of the decision to be suspended pending the appeal, the person against whom the decision is given shall, before any order for suspension of execu- tion, give security to the satisfaction of the Court for the due performance of such order as the Supreme Court may make.
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