CODE OF CIVIL PROCEDURE-HONGKONG,
121
make Order
11. If it appears to the Court on the evidence adduced in support of Curt may the motion, or on any adlitional evidence which the Court permits to be other than
■iduced in support thereof, that the party moving is entitled to an order asked for, absolute, or to show cause different from the order asked, and the party moving is willing to take auch different order, the Court may so order accordingly.
May vary or
12. Where an order is mule on a motion ex parte, any party affected detra by it may, within seven days after service of it, or within such further time Under. aà the Court shall allow, apply to the Court by motion to vary or discharge it; and the Court oa notice to the party obtaining the order, either muy refaw to vary or discharge it, or may vary or discharge it with or without imposing terme as to costs or security, or other things, as seem just.
Order to show Cause.
XLIV. An order to show cause shall specify a dty when eurer is to Return-dig, be shown, to be called the return-day to the order, which sha1 alimarily be not less than four days after service.
Alidavits.
2. —A person served with an order to show caus: my, before the Counter return-day, file alfi luvits to contradict the evidence used in obtaining the ord, or setting forth other facts on which he relies, to induce the Court to discharge such order.
Enlegemeat
3. Ja the return-day, if the person served do not appear iu person et Taxad or by coanel or attorny, and it appears to the Court that the service on further Service all
proper purties has not been duly effect, the Court my enlarge the time, and dieset further service, or make such other order as seems just.
Proof of Service
4-If the person sorval appbar, or the Court is satisfel that service Appearance de on all proper parties has been duly effected, the Court may proceed with
the matter.
of Court.
5.-The Court may either discharge the order or make the same General Pɔwers absolute, or adjourn the consideration thereof, or permit further affidavits to be filed in support of or against the order, anl may modify the terms
of the order so as to meet the merits of the case,
Summons.
Registrar.
XLV. Every sum nms shall be issued out of the Registrar's Office, Application to and, before it can be issued, an application for the same to the Registrar must be made in writing, an1 siga:1 by the applicant or his attorney, and headed in the euit or other proceding.
2.--The application for the summons shall distinctly set forth the Contents nature of the particular application.
Ebersof
3.—The Registrar my thereupon issuž a summons setting forth the true of nature of th› application, ordering the person to whom it is directal to appear at the time and place directed by the Registrar and specified on the sumn 19.
4.- the return-day of the summons, if the person to whom the Proceediagı na
Return-Jay. sum nas is dice ted appears, or in his absence, oa proof of service, the Court my, on the application of the person obtaining the sun'u yas, consider and deal with the application in a summary way,
5. The Court shall take a note of the material evidence, if taken Nɔte of
vivi voce.
Bridendo.
6.-The Court may aljourn the hearing of any summs when journment. necessary.
7. The Court may order any proceedings in Chambers to be heard in shake private.
Evidence in Inted cutory Pro "ngs.
XLVI. - The evidence at the hearing of any interlocutory or other By 15tavit in application ia a suit or matter, shall, as a general rule, be by affidavit, out grasral. the Court may, if it thinks it expedient, summa ay person to attend to