Procedure
26. (1) For the purposes of framing issues in
for framing accordance with the provisions of rule 25, the Court
issues.
(Cap. 295,)
Summary judgment.
Mayr
(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 representa- tive, other than counsel or solicitor, appear- ing or present in Court;
(e) 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 docu- ments in his possession or in his power, upon which he inteads to reply 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 måtler 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 the Landlord and Tenant Ordinance.
(2) The Court may, at any time-
(a) adjourn the framing of issues;
(b) amend issues already framed, frame addi- tional 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.
Summary judgment, trial, etc.
27. (1) Where—
(a) any party appearing or present in court, upon being required so to do by the Court for the purpose of framing issues, refuses
Summary judgment for part of a claim,
without reasonable excuse to be orally examined by the judge or to produce any document then and there in his possession.
or
(6) the defendant, in the opinion of the Court, fails, by himself or by his counsel, solicitor or other representative to disclose any reasonable ground of defence; or
(c) any party being bound by an order made under sub-paragraph (c) or (d) of paragraph (1) of rule 26 fails without reasonable excuse to obey the same,
the Court may pronounce such judgment against him. and in such terms as it shall think fit or make such order and impose such terms as to costs, payment of money into court, giving security or otherwise as it thinks fit.
(2) Whenever, in the opinion of the Court, the issues are sufficiently established for the immediate determination of the cause, the Court may pronounce judgment forthwith in such terms as it shall think fit.
28. Where a claim is for a debt or for liquidated damages only and the defendant-
(<) admits a sum less than the amount claimed;
or
(8) in the opinion of the Court, fails, by himself or by his counsel, solicitor or other repre- sentative, to disclose any reasonable ground of defence with respect to part of the claim;
or
(c) has a counterclaim and it appears to the Court that the maximum amount which could be recovered thereunder, if the counter- claim were to be upheld, is less than the amount of the claim,
the Court may, if it thinks fit, enter judgment forth- with for the sum so admitted or for the sum in respect of which no reasonable ground of defence is disclosed or for a sum representing the difference between the amount of the claim and the maximum amount which appears to be recoverable on the counterclaim, as the case may be, with or without costs, and may permit execution to be levied forthwith on such judgment,