CODE OF CIVIL PROCEDURE-HONGKONG.
121
make Order
11.-If it appears to the Court on the evidence adduced in support of Court may the motion, or on any additional evidence which the Court permits to be other than adduced 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 such different order, the Court may so order accordingly.
May vary or
12. Where an order is made on a motion ex parte, any party affected discharge by it may, within seven days after service of it, or within such further time Orter. as the Court shall allow, apply to the 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 terins as to costs or security, or other things, as seem just.
Order to show Cause.
XLIV. -Au order to show cause shall specify a day when cause is to Return-day. be shown, to be called the return-day to the order, which shall ordinarily be not less than four days after service.
Affidavits.
2.-A person served with an order to show cause may, before the Counter return-day, filo a lavits to contradict the evidence used in obtaining the order, or setting 7th other facts on which he relies, to induce the Court to discharge sash order.
of aud
3.-a thrurn-day, if the person servet do not appear in person Enlargement or by counselor attorney, and it appears to the Court that the service on further Service. all propor parties has not been duly effected, the Court may enlarge the time, and direct further service, or make such other order as seems just.
Proof of Service.
4.-If the person served appear, or the Court is satisfied that service Appearance or on all proper parties has been duly effected, the Court may proceed with
the matter,
5.-The Court may either discharge the order or make the same General Powers absolute, or adjourn the consideration thereof, or permit further affidavits ol Court. to be filed in support of or against the order, and may modify the terms of the order so as to meet the merits of the case.
Summons.
Registrar.
XLV. Every summons 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, and signed by the applicant or his attorney, and headed in the suit or other proceeding.
2.-The application for the summons shall distinctly set forth the Contents nature of the particular application.
thereof.
Summons.
3.-The Registrar muy thereupon issue a summons setting forth the Issue of nature of the application, ordering the person to whom it is directed to appear at time and place directed by the Registrar and specified on the suma as.
1
Return-day,
4.- the return-day of the summons, if the person to whom the Proceedings on sum nɔas is directed appears, or in his absence, on proof of service, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a summary way.
5.-The Court shall take a note of the material evidence, if taken Note of vivá voce.
Evidence.
6. The Court may aljourn the hearing of any summons when Adjournment. necessary.
7.-The Curt my order any proceedings in Chambers to be heard in Private private.
Evidence in Interlocutory Procee lings.
caring.
general,
XLVI. The evidence at the hearing of any interlocutory or other By Amiavit in application in a suit or matter, shall, as a general rule, be by affidavit, put the Court may, if it thinks it expedient, summon any person to attend to