Bankruptcy of plaintiff.
Commence- ment of proceedings.
Framing of ELLER
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(5) Where two or more persons are made defendants, whether as jointly or as severally liable, the plaintiff may have judgment against any one or more of the defendants and may issue execution thereon without prejudice to his right to proceed with the action against any other defendant.
26. (3) The bankruptcy of the plaintiff in any action in the Count which the trustee in bankruptcy might maintain for the benefit of the creditors shall not cause the action to abate if, within such reasonable time as the Court may order, the trustec elects to continue the action and to give security for the costs thereof.
(2) The hearing of the action may be adjourned until such election is made.
(3) Where the trustee does not clect to continue the action and to give such security as aforesaid within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.
Commencement of Proceedings and Framing of Esmes.
27. (1) Subject as may be prescribed and to the provisions of any other enactment, every proceeding in the Court shall be commenced by a writ of summons.
(2) Every writ of summons shall require the defendant to attend the Court at a day and time and at the place stated therein and shall state or have endorsed thereon-
(a) particulars of the plaintiff's claim, specifying the cause of action and the pecuniary or other claim which he seeks to establish or the relief or remedy which he seeks:
(b) where the plaintiff abandons the excess of his claim under
section 5, the fact of such abandonment:
(c) a notification to the defendant that in default of bis attendance judgment may be given against him in default of appearance or that the Court may, on the evidence adduced by the plaintiff, give such judgment as may appear just; and
(d) such other particulars or notification as may be prescribed or as may from time to time be required by any direction given by the Chief Justice,
28. (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 neither parties shall be at liberty to depart there- from except with the leave of the Court which may be given on such terms as to costs, payment of money into court, giving security of otherwise as the Court may think fit.
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(2) Notwithstanding the provisions of subsection (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 section shall require the Court to frame or to record issues.
29. (1) For the purposes of framing issues in accordance with Procedure the provisions of section 28, the Court may-
for framing İssuce.
(a) ascertain from each party or from his counsel, solicitor or
other representative, what facts he admits or denies;
(0) 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 bearing 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
(0 require the production of, and examine, any record of pro- ceedings forming part of the records of the Court or of a tenancy tribunal established under the Landlord and Tenant (Cap. 255). Ordinance.
(2) The Court may, at any time and from time to time-
(a) adjourn the framing of issues:
(6) amend issues already framed, frame additional issues or strike
out issues which appear to be wrongly framed,
on such terras as to costs, payment of money into court, giving security or otherwise as it thinks fit,
Summary Judgment, Trial, efc,
30. (3) Where-
(4) any party appearing or present in court, upon being required so to do by the Court for the purpose of framing issues, refuses without reasonable excuse to be orally examined by the judge or to produce any document then and there in his possession; or
Sumtunary judgment.