CODE OF CIVIL PROCEDURE-HONGKONG.
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and at the hearing (even though such defendant does not appear) the plaintiff must open his case, and adduce evidence in support of it, and take such judgment as to the Court appears just.
after Time
4.-A defendant neglecting to put in an answer within the time or Leave to answer further time allowed, shall not be at liberty to put in an answer without allowed. leave of the Court, or consent of parties.
5.-The Court may grant such leave by order on the ex parte ap- When granted plication of the defendant at any time before the plaintiff has set down ex parte. the cause, or applied to have it set down, for hearing.
Summons
6. Where the cause has been set down, or the plaintiff has applied When to have it set down for hearing, the Court shall not grant such leave required. except on return of a summons to the plaintiff giving notice of defendant's application, and on such terms as to costs and other matters as seem just.
7. -The answer shall show the nature of the defendant's defence to What the
Answer should the claim set up by the petition, but may not set forth the evidence by set forth. which such defence is intended to be supported.
precise and
8. It shall be clear and precise, and not introduce matters irrele- Should be vant to the suit, and the rules before laid down respecting the setting out relevant. of the documents and the contents of the petition generally shall be ob- served in the answer mutatis mutandis.
9.—It must deny all such material allegations in the petition as the Denial of defendant intends to deny at the hearing.
must answer
Substance.
Allegations. 10. Where the answer denies an allegation of fact, it must deny Denial of Fact directly as (for example) where it is alleged that the defendant has received point of a sum of money, the answer must deny that he has received that sum, or any part thereof, or else set forth what part he has received. And so, where a matter of fact is alleged in the petition, with certain circumstances, the answer must not deny it literally as it is alleged, but must answer the point of substance positively and certainly.
Effects thereof
11.-The answer must specifically admit such material allegations in Admissions the petition as the defendant knows to be true, or desires to be taken as as to Costs. *admitted. Such admission, if plain and specific, will prevent the plaintiff from obtaining the costs of proving at the hearing any matters of fact so admitted.
not admitted,
12.-All material allegations of fact admitted by a defendant shall be Proof of Facts taken as established against him without proof thereof by the plaintiff at the hearing. But the plaintiff shall be bound to prove as against each defendant all allegations of fact not admitted by him, or not stated by him to be true to his belief.
new Facts in
13. The answer must allege any matter of fact not stated in the Allegation of petition on which the defendant relies in defence, as establishing, for Defence. instance, fraud on the part of the plaintiff, or showing that the plaintiff's right to recover, or to any relief capable of being granted on the petition, has not yet accrued, or is released, or barred, or otherwise gone.
denial of
of Defence
14. The answer of a defendant shall not debar him at the hearing Evidence in from disproving any allegation of the petition not admitted by his answer Allegation, or from giving evidence in support of a defence not expressly set up by or in support the answer except where the defence is such as, in the opinion of the Court, not set up in ought to have been expressly set up by the answer, or is inconsistent with Pleadings, the statements of the answer, or is, in the opinion of the Court, likely to take the plaintiff by surprise, and to raise a fresh issue or fresh issues of fact or law not fairly arising out of the pleadings as they stand, and such as the plaintiff ought not to be then called upon to try.
15. Subject to any general rule or order relating thereto, the answer Signature of must be signed by the defendant or his counsel, unless the defendant Counsel, obtain the leave of the Court to dispense with such signature.