140

CODE OF CIVIL PROCEDURE-HONGKONG.

Amendment of Petition.

XXXII.-Any plaintiff not giving sufficient information to enable the defendant r. asonably to understand the nature and particulars of the claim set up against him, may be ordered, on the application of the defendant before answer, to amend his petation.

2. The plaintiff may be ordered to annex copies of, or produc for inspection, such papers or documents in his poss ssion or power as he has referred to in the petition, and as the defendant is entitle I to inspect for the purposes of the suit.

3. The Court may, in such cases, make such order as to costs as justice requires, and stay proceedings until the order is complied with.

4.-If any petition contains libellous or needlessly off nsive expressions, the Court may, either of its own motion before service thereof, or on the application of the defen lant, order the peti ion to be amended, and make such order as to costs as justice requires.

5.-A petition may be amended at any time before answer by leave of the Court btained ex parte,

6.-Notice of the amendment shall be given to the defendant within such time and in such manner as the Court directs.

CHAPTER V.-THE ANSWER-REPLICATION-INTERROGATORIES --

SETTLEMENT OF ISSUES.

Form and Contents.

XXXIII-Unless an answer shall be dispensed with by leave of the Court, or by consent of parties, or in certain cases by any general rule or order of Comit, the defondant must file in the Court an answer to the petition within ten days from the date of the service thereof, or in cases of service out of the jurisdiction within such time as the Conr shall have ordered: Provided always that he may obtain further time to answer, a summons, stating the further time required and the reasons why it is required.

2.-The application when made, unless consented to, must be supported by affidavit, or if the Court in its discretion shall permit, by oral evidence on oath, showing that there is reasonable groun 1 for the application and that it is not made for the purpose of delay.

3.-Where a defendant does not put in any answer (or such answer is Jispensed with in manner aforesaid), he shall not be taken as admittin; the allegations of the petition, or the plaintiff's right to the relief sought; an at the hearing (even though such d'fend int d ́es not appear) the plaintiff must open his case, and alluce evidence in support of it, and tike such judgment as to the Court appears just.

4. A defondant neglec'ing to put in an answer within the time or further time allowed, shall not be at liberty to put in an answer without leave of the Court, or consent of parties.

5.—The Court may grant such leave by order on the ex parte application of the defendant at any time before the plaintiff his set down the cause, or applied to have it set down for bearing.

6.---Whore t'e cause has be n set down, or the plaintiff has applied to have it set down for hearing, the Court shall not grant such leave except ou return of a sua mons To the plaintiff giving notice of defendant's application, and on such terms as to costs and ther matters as seem just.

7.--The aus ver shall show the natur of the d fendant's defence to the claim st up by the petition, but may not set forth the evi'cuce by w ich such defence is intended to b supported.

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8. It should be clear and precise, and not introduce matters irrelevant to the suit, an' the rules before laid down resp cting the setting out of the documents and the contents of the petitiou gen rally shall be observed in the answer mutatis mutandis.

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