Varying or
order.
If it appears to the Court on the evidence adduced in support of the motion, or on any additional evidence which the Court permits to be adduced in support thereof, that the party moving is entitled to an order 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.
If he is not willing to take such different order, the Court shall refuse the motion.
215. Where an order is made on a motion ex parte, any discharge of party affected by it may, within seven days after service of it, 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 terms as to costs or security, or other things, as seems just.
Return-day.
Counter affidavits.
Proceedings on return-day.
Application for.
Contents of
Proceedings on return-day.
In what cases.
Recognizance.
Duration of order.
Arrest and
Orders to show Cause. 216. An order to show cause shall specify a day when cause is to be shown, to be called the return-day to the order, which shall ordinarily be not less than four days after service.
217. A person served with an order to show cause may, before the return-day, file affidavits in order to contradict the evidence used in obtaining the order, or setting forth other facts on which he relies, to induce the Court to discharge such order.
218. On the return-day, if the persons served do not appear, in person or by counsel or attorney, and it appears to the Court that the service on all proper parties has not been duly effected, the Court may enlarge the time and direct further service, or make such other order as seems just.
If the persons served appear, or the Court is satisfied that service on all proper parties has been duly effected, the Court may proceed with the matter.
The Court may either discharge the order, or make the same absolute, or adjourn the consideration thereof, or permit further affidavits 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, and may make the order so modified absolute, and may, if the order against which cause is shown is substantially divisible into two or more parts, divide the same, and deal in different ways with the separate parts as seems fit; and the Court, as part of its order, may impose terms as to costs or other things on the parties, or any of them, as seems just.
Summons.
219. An interlocutory application for a summons need not be made in writing but may be made in person either by the applicant himself, or by counsel.
220. If the Court considers that a summons ought to be granted, it may issue a summons ordering the person to whom it is directed to attend at the time and place specified therein, either in person or by counsel, and briefly but distinctly setting forth the nature of the particular application,
proceeding.
The summons shall be headed in the suit or other
221. On the return-day of the summons, if the person to whom the summons is directed attends, 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.
The Court shall take a note of the material evidence, if taken viva voce,
The Court may adjourn the hearing of any summons when necessary.
Summary Orders before Suit.
222. Where the extreme urgency or other peculiar circumstances of the case appear to the Court so to require, the Court may on evidence on oath, without any petition having been previously presented make ex parte an order of injunction, or an order to sequester money or goods, or to stop the clearance of a ship, or to hold to bail.
223. Before making such an order the Court shall require the person applying for it to enter into a recognizance (with or without a surety or sureties as the Court thinks fit), signed by the party applying (and his surety or sureties if any), as a security for his being answerable in damages to the person against whom the order is sought, or to give such other security for that purpose by deposit or otherwise as the Court thinks fit.
224. Any such order shall not remain in force more than twenty-four hours, and shall at the end of that time wholly cease to be in force, unless within that time a suit is regularly instituted by the person obtaining the order.
Any such order shall be dealt with in the suit as seems just.
225. An order to hold to bail shall state the amount (in other proceedings excluding costs) for which bail is required.
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Varying or
order.
If it appears to the Court on the evidence adduced in support of the motion, or on any additional evidence which the Court permits to be adduced in support thereof, that the
party moving is entitled to an order 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.
If he is not willing to take such different order, the Court shall refuse the motion.
215. Where an order is made on a motion ex parte, any discharge of party affected by it may, within seven days after service of it, 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 terms as to costs or security, or other things, as seems just.
Return-day.
Counter affidavits.
Proceedings on return-day.
Application for.
Contents of
Proceedings on return-day.
In what cases.
Recognizance.
Duration of order.
Arrest and
Orders to show Cause. 216. An order to show cause shall specify a day when cause is to be shown, to be called the return-day to the order, which shall ordinarily be not less than four days after service.
217. A person served with an order to show cause may, before the return-day, file affidavits in order to contradict the evidence used in obtaining the order, or setting forth other facts on which he relies, to induco the Court to discharge such order.
218. On the return-day, if the persons served do not appear, in person or by counsel or attorney, and it appears to the Court that the service on all proper parties has not been duly effected, the Court may enlarge the time and direct further service, or make such other order as seems just.
If the persons served appear, or the Court is satisfied that service on all proper parties has been duly effected, the Court may proceed with the matter.
The Court may either discharge the order,-or make the same absolute, or adjourn the consideration thereof,-or per- mit further affidavits 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, and may make the order so modified absolute,-- and may, if the order against which cause is shown is substanti- ally divisible into two or more parts, divide the same, and deal in different ways with the separate parts as seems fit; and the Court, as part of its order, may impose terms as to costs or other things on the parties, or any of them, us seems just.
Summons.
219. An interlocutory application for a summons need not be made in writing but may be made in person either by the ap- plicant himself, or by counsel.
220. If the Court considers that a summons ought to be granted, it may issue a summons ordering the person to whom it is directed to attend at the time and place specified therein, either in person or by counsel, and briefly but distinctly setting forth the nature of the particular application,
proceeding.
•
The summons shall be headed in the suit or other
221. On the return-day of the summons, if the person to whom the summons is directed attends, or in his absence, on proof of service, the Court may, on the application of the person ob- taining the summons, consider and deal with the application in
a summary way.
·
The Court shall take a note of the material evidence,
if taken viva vore,
The Court may adjoin the hearing of any summons
when necessary.
Summary Orders before Suit.
222. Where the extreme urgency or other peculiar circum- stances of the case appear to the Court so to require, the Court may on evidence on oath, without any petition having hean pre- viously presented make ex parte an order of injunction, or an order to sequester money or goods, or to stop the clearance of a ship, or to hold to bail.
223. Before making such an order the Court shall require the person applying for it to enter into a recognizance (with or without a surety or sureties as the Court think fit), signed by the party applying (and his surety or sureties if any), as a security for his being answerable in damages to the person against whom the order is sought, or to give such other security for that pur- pose by deposit or otherwise as the Court thinks fit.
224. Any such order shall not remain in force more than twenty-four hours, and shall at the end of that time wholly cease to be in force, unless within that time a suit is regularly instituted by the person obtaining the order.
Any such order shall be dealt with in the suit as seems just.
225. An order to hold to bail shall state the amount (in other proceed- cluding costs) for which bail is required.
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