Directory_and_Chronicle_1875 — Page 727

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CODE OF CIVIL PROCEDURE-HONGKONG.

Amendment of Petition.

XXXII.--Any plaintiff not giving 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.

2.-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.

3. The Court may, in such cases, make such order as to costs as justice requires, and stay proceedings until the order is complied with.

4.-If any petition contains libellous or needlessly offensive expressions, 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.

5.-A petition may be amended at any time before answer by leave of the Court obtained ex parte,

6.-Notice of the amendment shall be given to the defendant within such time and in such manner as the Court directs.

CHAPTER V.-THE ANSWER-REPLICATION-INTERROGATORIES--

SETTLEMENT OF ISSUES.

Form and Contents.

XXXIII.-Unless an answer shall be dispensed with by leave of the Court, or by consent of parties, or in certain cases by any general rule or order of Court, the defendant must file in the Court an answer to the petition within ten days from the date of the service thereof, or in cases of service out of the jurisdiction within such time as the Court shall have ordered: Provided always that he may obtain further time to answer, on summons, stating the further time required and the reasons why it is required.

2.-The application when made, unless consented to, must be supported by affidavit, or if the Court in its discretion shall permit, by oral evidence on oath, shewing that there is reasonable ground for the application and that it is not made for the purpose of delay.

3. Where a defendant does not put in any answer, (or such answer is dispensed with in manner aforesaid), he shall not be taken as admitting the allegations of the petition, or the plaintiff's right to the relief sought; 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.

4. A defendant neglecting to put in an answer within the time or further time allowed, shall not be at liberty to put in an answer without leave of the Court, or consent of parties.

5. The Court may grant such leave by order on the ex parte application of the defendant at any time before the plaintiff has set down the cause, or applied to have it set down for hearing.

6. Where the cause has been set down, or the plaintiff has applied to have it set down for hearing, the Court shall not grant such leave 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 auswer shall show the nature of the defendant's defence to the claim set up by the petition, but may not set forth the evidence by which such defence is intended to be supported.

8. It should be clear and precise, and not introduce matters irrelevant to the suit, and the rules before laid down respecting the setting out of the documents and the contents of the petition generally shall be observed in the answer, mutatis

mutandis.