1962-HKRS30-8-53_Part01 — Page 33

Debts and [quidated demands

excluding radcy- leaders clairus,

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Default of appearance.

24. (1) Where the plaintiff's claim is for a debt or liquidated demand only, not being a claim by a money-leader or by the assignee of a money-lender for money lent, and the defendant fails to appear at the date and time appointed by the writ, the Court, upon being satisfied that the writ was duly served, may give leave to the plaintiff to apply to the Registrar to enter judgment in default of appearance.

(2) An application for entry of judgment in default of appearance pursuant to paragraph (1) shall be made by written application to the Registrar. supported by an affidavit-

(a) verifying the claim, and exhibiting the original of any docu- ment evidencing the same, or accounting for the absence of any such documents; and

(b) in the case of a claim for rent, declaring that the rent is not ic excess of the amount recoverable by law or, as the case may be, that the premises are exempt from any law controlling the amount of the rent, and the grounds upon which the premises are so exempt.

(3) Upon such application duly supported as aforesaid the Regis- trar shall cause judgment to be entered for the plaintiff in the amount claimed, with costs, by indorsing the writ filed in the Registry to such effect:

Provided that the Registrar may in any case in which he so thinks fit refer the application to a judge who may make such order thereon as he thinks the justice of the case requires.

(4) If, at any time before the entry of judgment, the defendant files an affidavit-

(a) stating that his failure to appear was not due to wilful default

on his part:

(6) verifying the cause of his failure to appear;

(e) stating that be intends to defend the action and has a good

defence thereto or has a counterclaim;

(d) stating the grounds of the defence or counterclaim; and (e) giving an address for service,

the plaintiff shall not be at liberty to apply to the Registrar to enter, nor shall the Registrar enter, judgment by default pursuant to this rule but the action, on the order of the Registrar, shall be restored to the next convenient call-over day upon notice to be given by the Registrar to the parties, which notice may be given to any party by registered post addressed to him at his address for service stated in the record or to his solicitor.

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(5) When an action has been restored in accordance with the provisions of paragraph (4) the Court may debar the defendant from defending the action or from prosecuting bis counterclaim, as the case may be, or may give to the defendant leave to appear and to defend the action or to prosecute the counterclaim, if any, upon such terms as the Court may consider just.

(6) Where there are several defendants and any one of them makes default in appearance as aforesaid the provisions of this rule shail apply to such defendant,

25. Where the plaintiff's claim is not for a debt or liquidated demand or is by a money-lender or by the assignee of a money-lender for money lent, the provisions of paragraph (1) of rule 47, rule 48 and rule 49 of Order 2 of the Code shall apply.

26. Notwithstanding the provisions of rules 24 and 25, the provi- sions of rule 7 of Order 13 of the Code shall apply to proceedings in the Court.

Parties-infants.

27. (1) An infant shall not, as of course, sue by next friend, or appear or defend by guardian ad litem, but the Court may so order upon it appearing to the Court that the infant is unable of himself properly to present his case, or defend the action, or give instructions therefor.

(2) Rule 17 of Order 3 of the Code shall not apply to any pro- ceedings in the Court.

(3) Paragraph (2) of rule 16 of Order 3 of the Code shall not. in so far as it relates to infants, apply to any proceedings in the Court, (4) The provisions of this rule shall apply to the trial of any action in the Court and to interlocutory proceedings in respect of any such action.

Third party procedure.

Claims other

tban for debte and

quilted lemants and money- Broders clairns.

Application of rule 7

of Order 13 of the Code.

Actions by and against tnfants.

28. The Court, if it thinks fit, may give leave to any party to Application issue and serve a third party notice upon an oral application made for leave. ex parte and without notice, and paragraph (2) of rule 32 and rules 42 and 43 of Order 3 of the Code shall, in their application to the Court, be construed accordingly.

29, (1) A third party notice shall be made returnable at an Service of appointed day and time, and shall be served not less than three clear notice. days before such appointed day.