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Death of me of several Defendants or of a role or Jurtiring Defendant
When not to „bute the Suit
When not to abate the Suit,
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CODE OF CIVIL PROCEDUREHONGKONG.
6. If there be two or more defendants, and one of them die, and the cause of action shall not survive against the surviving defendant or defendants alone, and also in case of the death of a sole defendant, or sole surviving defendant, where the action survives, the plaintiff may make an application to the Court, specifying the name, description, and place of abode of any person whom the plaintiff alleges to be the legal representa tive of such defendant, and whom he desires to be made the defendant in his stead; and the Court shall thereupon enter the name of such repre- sentative in the register of the suit in the place of such defendant, and shall issue an order to him to appear on a day to be therein mentioned to defend the suit; and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant, and had been a party to the former proceedings in the suit.
Marriage of Parties.
XXII. The marriage of a female plaintiff, or defendant, shall not cause the suit to abate, but the suit may notwithstanding le proceeded with to judgment, and the decree thereupon may be executed upon the wife alone; and if the case is one in which the husband is by law liable for the debts of his wife, the decree may, by leave of the Court, Le executed against the husband also; and in case of judgment for the wife, execution of the decree may, by leave of the Court, be issued upon the application of the husband, where the husband is by law entitled to the money or thing which may be the subject of the decree.
Bankruptcy of Parties.
XXIII.-The_bankruptcy of the plaintiff in any suit which the assignee might maintain for the benefit of the creditors, shall not be a valid objection to the continuance of such suit, unless the assignee shall decline to continue the suit and to give security for the costs thereof within such reasonable time as the Court may order; if the assignee neglect or refuse to continue the suit, and to give such security within the time limited by the order, the defendant may, within eight days after such neglect or refusal, plead the bankruptcy of the plaintiff as a reason for abating the suit.
To correspond
with Writ of Summons.
To be in nar- Fative For
Paragraphs.
CHAPTER IV.-THE PETITION.
Form and Contents.
XXIV. After the appearance of the defendant to the suit, or in case of non-appearance, then, by leave of the Court, the plaintiff may file in the Supreme Court a petition which shall contain the names, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of
summons.
2. The petition shall then set out by way of narrative the material and divided into facts, matters, and circumstances on which the plaintiff relies, such narrative being divided into paragraphs numbered consecutively, and each paragraph containing, as nearly as may be, a separate and distinct statement or allegation. The petition shall pray specifically for the relief to which the plaintiff may conceive himself entitled, and also for general relief,
Nature of
Claim set up.
Docoments
how to be set
eat.
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Dater and Bom..
3. The petition must be as brief as may be consistent with a clear statement of the facts on which the prayer is sought to be supported, and with information to the defendant of the nature of the claim set up.
4-Documents must not be unnecessarily set out in the petition in hæc verba, but so much only of them as is pertinent and material may be set out, or the effect and substance of so much only of them as is pertinent and material may be given, without needless prolixity.
5.-Dates and sums shall be expressed in figures and not in words.
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