Return-day.
Counter affidavit.
Proceedings on return- day.
Application for.
Contents of.
Proceedings on return- day.
Er parte orders.
Time for application or
Cave,
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RULES OF SUPREME COURT
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 ti ings, as seems just.
Orders to show cause.
151. Au 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, it the persons served do not appear, in person or by couns 1 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 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.
Ad
The Court may either discharge the order, or make the same absolute, or adjourn the consideration thereof or permit further affidavi's to be file in support of or against the crder,-and may modify the terms of the order so as to meet the merits of the case, -and may make the order so modified a' solute, 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 co-ts or other things on the parties, or any of them, as seems just.
Summons.
152. An interlocutory application for a summons need not be made in writing, but may be ina le in person either by the applicant himself, or by his counsel or attorney.
If the Court considers that a summous ought to be granted, it may issue a summons ordering the person to whom it is directed to attend at the time and place specifi d 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 summons is directed attends, or in his absence on proof of service, the Court may, on the application of the person obtaining the summons, consider and d al with the application in a summary way. The Court shall take a note of the material evidence, if taken viva voce.
The Court may adj urn the bearing of any summons when
necessary.
VII-APPEAL TO SUPREME COURT. I-In General.
153. An appeal does not lie from an order made ca parte. Any person aggrieved by such an order must apply to the Court by which it is made to vary or discharge it.
154. Application for leave to appeal must be made to the Court whose decision is to be appealed from, by motion, ex parte, ordinarily within seven days after the decision to be appealed from is given, afterwards by special leave of the Court.