Directory_and_Chronicle_1887 — Page 858

Copies.

Offer to allow Inspection.

May be granted

though not

Opolically

asked.

Must state

Character in

114

CODE OF CIVIL PROCEDURE-HONGKONG.

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 documents 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.

Equitable Relief and Defence.

XXVII.-Every petition is to be taken to imply an offer to do equity in the matter of the suit 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, i: it may be granted without hardship to the defendant.

Parties.

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

Joint Cause of Suit,

Joint and

several Demand.

Persons not before the

made Parties.

2.-All persons having a joint cause of suit against any defendant ought ordinarily to be parties to the suit.

3. Where the plaintiff has a joint and several demand against seve- ral 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 he may proceed against one or more of the persons severally liable.

4.—If it appear to the Court, at or before the hearing of a suit, that Court may be all the persons who may be entitled to, or who claim some share or inte- rest in the subject matter of the suit, and who may be likely to be affected by the result, have not been made parties to the suit, the 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 made either plaintiffs or defendants in the suit, as the case may be. In such case, the Court shall issue a notice to such persons in the manner provided in the code for the service of a writ of summons on a defendant, and on proof of due service of such notice, the person so served, whether he shall have appeared or not, shall be bound by all proceedings in the cause.

Notice to such Persons.

Distinct Causes of Suit in one Petition.

Misjoinder of Suits,

Where Defendant has appeared.

Where

Defendant has not appeared.

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 different causes of suit together, order that different records 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 suit, but not by and against 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 filing 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 contaiu a memo- randum endorsed thereon requiring the defendant to file an answer to the petition within ten days from the day of such service, or in cases of service out of the jurisdiction, 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 has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the Court to pro- ceed with his suit ex parte.