Directory_and_Chronicle_1885 — Page 816

CODE OF CIVIL PROCEDURE-HONGKONG.

115

2.--Where service of the writ of summons is directed to be made out Where Service of the jurisdiction, the Court may order that the petition be filed forth-made out of Jurisdiction, with, and that a copy thereof under the seal of the Court be served upon the defendant concurrently with the writ.

Staying Proceedings for Defect in Petition.

of Defendant.

XXX. Where a petition is defective on the face of it by reason of On Application non-compliance 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.

Whore Defect

2. The Court may, of its own motion, make an order to stay pro- is patent ceedings on a defective petition, where the defect is patent and comes to the knowledge of the Court before service of the petition on the defendant. Dismissal of Petition on Ground of Law.

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XXXI. Where a defendant conceives that he has a good legal or Demurrer. equitable defence to the petition, so that eveu 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 raiso this defence by a motion that the petition be dismissed without any answer being required from him.

Amendment of Petition.

Particulars.

XXXII. Any plaintiff not giving sufficient information to enable for scient the defendant reasonably to understand the nature and particulars of the claim set up against him, may be ordered, on the application of the defen- dant before answer, to amend his petition.

referred to.

2.-The plaintiff may be ordered to annex copies of, or produce for Documents 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 Costa, justice requires, and stay proceedings until the order is complied with.

Тедніте

4.-If any petition contains libellous or needlessly offensive expres- Libellous or sions, the Court may, either of its own motion before service thereof, or Expressions. 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 Amendment of the Court obtained ez parte.

before Answer.

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

CHAPTER V. THE ANSWER-REPLICATION--INTERROGATORIES-

SETTLEMENT OF ISSUES.

Form and Contente.

which to be

XXXIII. Unless an answer shall be dispensed with by leave of Time within the Court, or by consent of parties, or in certain cases by any general rule üled 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 lurther time required and the reason why it is required.

further Time.

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

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Defendant not

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