Land Be
1
at bun pat tg ad na ene
Psikoiraq walod no rodaut un
uf tug of oral en så dusjed Al out
Papers annered.
Where the Plaintiff seeks (in addition to or without any order for the Payment of Money by the Defendant) to obtain, as against any Person, any General or Special Declaration by the Court of his rights under any contract or Instrument, or to set aside any contract, or to have any Bond, Bill, Note, or Instrument in writing delivered up to be cancelled,--or to restrain any Defendant by injunction,--or to have any account taken between himself and any other or others,--and in such other cases as the nature of the circumstances makes it necessary or expedient,- the Plaintiff in his Petition may refer to and briefly describe any Papers or Documents on the contents of which he intends to rely, and may annex copies of such papers or Documents to the petition, where such papers or Document are brief, or may state any reason for not annexing copies of such papers or Documents, or any of them respectively (as, their length, possession of copies by the Defendant, Loss, inability to procure copies,) that he may have to allege. The plaintiff shall, in his petition, offer to allow the Defendant to inspect such papers and Documents as aforesaid, or such of them as are in his possession or Power.
Amendment.
Any plaintiff not given sufficient information to enable the Defendant reasonably to understand the Nature and particulars of the claim set up against him may be ordered on the Application of the Defendant before answer, to amend his petition.
The plaintiff may be ordered to annex copies of, or produce for Inspection, such papers or Documents in his possession or Power as he has referred to in the petition, and as the Defendant is entitled to inspect for the purposes of the Suit.
The court may in such cases make such order as to costs as justice requires, and stay proceedings until the order is complied with.
If any petition contains Libellous or needlessly offensive expression, the court may, either of its own Motion before Service thereof, or on the Application of the defendant, order the petition to be amended, and make such order as to costs as justice requires.
A petition may be amended at any time before Answer by leave of the court, obtained ex parte.
Notice of the Amendment shall be given to the Defendant within such time and in such manner as the court directs.
Equity.
Every petition is to be taken to imply an offer to do equity in the Matter of the Suit commenced by it, and to admit of any equitable Defence, and, on the other hand, to enable the plaintiff to obtain at the Hearing any such equitable Relief as he may appear entitled to from the Facts stated and proved, though not specifically asked, if it may be granted without hardship to the Defendant.
Parties.
Persons entitled to sue and suing on behalf of others, as Guardians, Executors, or Administrators or as behalf of themselves and others as creditors in a Suit for Administration,-must state the characters in which they sue.
All Persons having a Joint cause of suit against any Defendant ought ordinarily to be parties to the suit.
Where the plaintiff has a Joint and several demand against several persons, either as principal or as Sureties, it is not necessary for him to bring before the court as parties to a Suit concerning such demand all the persons liable thereto, but he may proceed against one or more of the persons severally liable.
If it appears before or at the hearing that any person not joined as plaintiff or as Defendant ought to be so joined,-- or that any Person joined as Plaintiff or as Defendant ought not to be so joined,--the court may order the Petition to be amended, with Liberty to amend the other pleadings (if any,) and on such Terms as to Time for answering, postponement, or Adjournment of hearing, and costs, as Justice requires.
But no person shall be so joined as plaintiff without satisfactory evidence to the court of his consent thereto.
Nor shall the Name of any plaintiff be struck out unless it appears to the satisfaction of the court either that he was originally joined as plaintiff without his consent, or that he consents to his name being struck out.
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Land Be
1
at bun pat tg ad na ene
Psikoiraq walod no rodaut un
uf tug of oral en så dusjed Al out
Papers annered.
Where the Plaintiff seeks (in addition to or without any order for the Payment of Money by the Defendant) to obtain, as against any Person, any General or Special Declaration by the Court of his rights under any contract or Instrument, or to set aside any contract, or to have any Bond, Bill, Note, or Instru- ment in writing delivered up to be cancelled,--or to restrain any Defendant by injunction,--or to have any account taken between himself and any other or others,--and in such other cases as the nature of the circumstances makes it necessary or expedient,- the Plaintiff in his Petition may refer to and briefly describe any Papers or Documents on the contents of which he intends to rely, and may annex copies of such papers or Documents to the peti- tion, where such papers or Document are brief, or inay state any reason for not annexing copies of such papers or Documents, or any of them respectively (as, their length, possession of copies by the Defendant, Loss, inability to procure copies,) that he may have to allege. The plaintiff shall, in his petition, offer to allow the Defendant to inspect such papers and Documents as afore- said, or such of them as are in his possession or Power.
Amendment.
Any plaintiff not given sufficient information to enable the Defendant resonably to understand the Nature and particulars of the claim set up against him may be ordered on the Application
of the Defendant before answer, to amend his petition.
The plaintiff may be ordered to annex copies of, or produce for Inspection, such papers or Documents in his posses- sion or Power as he has referred to in the petition, and as the De- fendant is entitled to inspect for the purposes of the Suit.
The court may in such cases make such order as to costs as justice requires, and stay proceedings until the order is complied with.
If any petition contains Libellous or needlessly offen- sive expression, the court may, either of its own Motion before Service thereof, or on the Application of the defendant, order the petition to be amended, and make such order and make such order as to costs as justice requires.
A petition may be amended at any time before Auswer
by leave of the court, obtained ex parte.
Notice of the Amendment shall be given to the Defen- dant within such time and in such manner as the court directs.
Equity.
Every petition is to be taken to imply an offer to do equity in the Matter of the Suit commenced by it, and to admit of any equitable Defence, and, on the other land, to enable the plaintiff to obtain at the Hearing any such equitable Relief as he may appear entitled to from the Facts stated and proved, though not specifically asked, if it may be granted without hardship to
the Defendant.
Parties.
Persons entitled to sue and suing on behalf of others, as Guardians, Executors, or Administrators or as behalf of them- selves and orders as creditors in a Suit for Administration,-must state the characters in which they sue.
All Persons having a Joint cause of suit against any Defendant ought ordinarily to be parties to the suit.
Where the plaintiff has a Joint and several demand against several persons, either as principal or as Sureties, it is not necessary for him to bring before the court as parties to a Suit concerning such demand all the persons liable thereto, but he may proceed against one or more of the persons severally liable.
If it appears before or at the hearing that any person not joined as plaintiff or as Defendant ought to be so joined,-- or that any Person joined as Plaintiff or as Defendant ought not to be so joined,--the court may order the Petition to be amended, with Liberty to amend the other pleadings (if any,) and on such Terms as to Time for answering, postponement, or Adjournment
of hearing, and costs, as Justice requires.
But no person shall be so joined as plaintiff without satisfactory evidence to the court of his consent thereto.
Nor shall the Name of any plaintiff be struck out un- less it appears to the satisfaction of the court either that he was originally joined as plaintiff without his consent, or that he con- sents to his name being struck out.
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