(18)
Settlement of Issues.
XLII. At any time before or at the hearing, the Court may, if it thinks fit, on any party, or of its own motion, proceed to ascertain and determine the application of what are the material questions in controversy between the parties, although the same are not distinctly or properly raised by the pleadings, and may reduce such questions into writing and settle them in the form of issues; which issues when settled niay state questions of law on admitted facts, or questions of disputed fact, or questions partly of the one kind and partly of the other.
2. In settling issues, the Court may order or allow the striking out or amendment of any pleading or part of a pleading so that the pleadings may finally correspond with the issues settled, and may order or allow the striking out or amendinent of any pleading or part of a pleading that appears to be so framed as to prejudice, embarrass, or delay the trial of the cause.
3. Where the application to the Court to settle issues is made at any stage of the proceedings at which all parties are actually present before the Court either in person or by counsel or attorney, or at the hearing, the application may be made viva voce, and may be disposed of at once, otherwise the application must be made and disposed It shall be in the discretion of the Court to direct which issues shall
of on summons.
be first disposed of.
4. At any time before the decision of the case, the Court may amend the issues or frame additional issues on such terms as to it shall seem fit, and all such amendments as may be necessary for the purpose of determining the real question or controversy between the parties shall be so made.
CHAPTER VI.
INTERLOCUTORT PROCEEDINGS.
Motions and Summonses.
S. R. 58.
R. J. C. 13.
1. C. 139.
J. C. 141.
XLIII. Interlocutory applications may be made at any stage of a suit or proceeding.
8. R. 144-150,
2. They shall be made either by motion in Court or by summons in chambers, and shall be headed in the suit or other proceeding.
3. Subject to any general orders, the Court shall, in each case, decide whether the R.N.c.6.32 application is a proper one to be made by motion in Court or by summons in chambers, and may at or before the hearing, if it shall think fit, remove the same into Court or into Chambers, as the case may be.
Motions.
4. No motion shall be entertained unless until the party moving has filed in the Court a written motion paper distinctly stating the terms of the order sought.
5. The motion may in its terms ask for an order directing more than one thing to be done, and may also be in an alternative form, asking that one or another order be made,
so only that the whole order sought be therein substantially expressed.
6. If the motion-paper contains any matter by way of argument or other matter except the proper particulars of the motion itself, the Court shall direct the motion-paper to be amended, and shall make no other order thereon, until it is amended accordingly, by the striking out of such argument or other matter.
7. There shall be filed with the motion-paper all affidavits on which the person moving intends to rely.
8. No other evidence can be used in support of the motion except by leave of the
Court.
9. No paper accompanying the motion-paper other than an affidavit shall be received. 10. The person filing the motion-paper may then either move the Court while sitting, and on such days and at such times, if any, as are by the regulations of the Court appointed for hearing motions, or in cases of urgency at any time while the Court is sitting and not engaged in hearing any other matter.
S. K. 151.
8.. R. 162.
2.
(19)
11. All motions shall be made ea parte in the first instance, unless the Court gives leave to give a notice of motion for a certain day.
12. On a motion ex parte, the party moving shall apply for either an immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or an order to the other party to appear, on a certain day, and show cause why an order should not be made in the terms of the motion-paper.
13. Any party moving in Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the suit or proceeding, although present, other than the party moving, shall be entitled to be then heard.
14. On a motion coming on, the Court may allow the motion-paper to be amended, and additional evidence to be produced by affidavit or desposition, or may direct the motion to stand over.
15. Where an immediate order absolute is asked, and the right thereto clearly appears, it may grant such order, or an order to show cause why the order sought should
not be made.
16. If the motion, as originally framed, or as amended, is substantially 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.
17. 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 differ- ent from the order asked, and the party moving is willing to take such different order, the Court may so order accordingly.
18. If he is not willing to take such different order, the Court shall refuse the motion.
19. Where an order is made on a motion ea 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.
XLIV. 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.
2. 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.
3. On the return-day, if the person 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.
4. 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.
5. 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.
Summons.
XLV. Every summons shall be issued out of the Registrar's office, and before it can be issued, an application for the same to the Registrar must be made in writing, and headed in the suit or other proceeding.
44