Directory_and_Chronicle_1882 — Page 710

CODE OF CIVIL PROCEDURE-HONGKONG.

Parties.

139

XXVIII.-Persons entitled to sue and suing on behalf of others, as guardians, executors, or administrators, or on behalf of themselves and others as creditors in a suit for administration, mut state the characters in which they sue.

2.—All persons having a joint cause of suit against any dendant ought ordin- arily to be parties to the sui'.

3.--Where the plaintiff has a joint and several demand against several persons, either as principals or as sureties, it shall not be necessary for him to bring before the Court as parties to a suit concerning such demand all the persons liable thereto, but be may proe ed against one or more of the persons severally liable.

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4.-If it appear to the Court, at or before the hearing of a suit, that all the persons who may be entitled to, or who claim some share or interest in the subj, ca matter of the suit, and who may be likely to be affected by the result, have not been made parties to the suit, th Court may adjourn the hearing of the suit to a future day to be fixed by the Court, and direct that such persons shall be male either plaintiffs or der dants in the suit, as the case may be. In such case, the Court shall issue a notice to s ich persons in the manner provided in this code for the service of a wr.t o'summons on a defendant, and on proof of due service of such notice, the person so s ved, whether he shall have appeared or not, shall be bound by all procedings in the cause.

5.-In case a petition states two or more distinct causes of suit, by and against the same parties, and in the same rights, the Court may, either before or at the hearing, if it appears inexpedient to try the diff rent causes of suit together, order that different cords be made up, and make such order as to adjournment and costs as justice requires.

6.--In case a petition states two or more distinct causes of su't, but not by and again-t the same parties, or by and against the same parties, but not in the same rights, the petition may, on the application of any defendant, be amended or

dismissed.

XXIX.—As soon as practicable after the filin: of the petition, the plaintiff shall cause a copy thereof under the seal of the Court to be served upon every defendant to the suit, and such copy shall contain a memorandum endorsed thereon requiring the defenda' t to file an answer to the petition within ten days from the day of such service, or in cases of service out of the juris liction, within such time as the Court shall have ordered: Provided always that no such service of the petition shall be required to be made upon any defendant who his failed to enter an appearance and as against whom the plaintiff has obtained the leave of the Court to proceed with his suit er parte,

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2.—Win re s rvice of the writ f summens is directed to be made out of the jurisdiction, the Court my order that the petition he filed forthwith, and that a copy thereof un ler the seal of the Court be served upon the defendant concurrently with

the writ.

Staying Proceci gs for Defect in Petition.

XXX.-Where a petition is defective on the face of it by reason non-compi ance with any provision of the code, the Court may, either on application by a defendant or of its own motion, make an order to stay proceedings until the defect is remedied, 2. The Couri may, of its own motion, make an order to stay proceedings on a defect v petition, where the defect is patent and comes to the knowledg of the Court before service of the petition on the d fendant.

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Dismissal of Petition on Ground of Law.

XXXI.-Where a defendant conceives that he has a good legal or equi'alle defence to the petiti n, so that even if the allegations of fact in the petition were admitted or clearly established, yet the plaintiff would not be entitled to any decree against him (the defendant), he may raise this defence by a motion that the petition be dismissed without any answer being required from him.