Directory_and_Chronicle_1887 — Page 862

Security.

Summons to compel.

Nature of such Answer.

Further Defence.

By Leave of the Court,

Amendment of Petition after Answer.

Notice thereof.

At, or before Hearing.

Amendment of Pleadings in framing Issues.

How Application to be made.

Amended or additional Issues.

118

CODE OF CIVIL PROCEDURE-HONGKONG.

security to the satisfaction of the Court (by deposit or otherwise) to abide by and perform the decision of the Court on the counter-claim.

Specific Answer.

XXXVIII-Where the defendant does not answer (an answer not being dispensed with in manner aforesaid), or puts in an answer amount- ing only to a general denial of the plaintiff's claim, the plaintiff may apply by summons for an order to compel him to answer specifically to the several material allegations in the petition, and the Court, if such allega- tions are briefly, positively, separately, and distinctly made, and it thinks that justice so requires, may grant such an order.

2.-The defendant shall, within the time limited by such order, put in his answer accordingly, and shall therein answer the several material allegations in the petition, either admitting or denying the truth of such allegations seriatim, as the truth or falsehood of each is within his know- ledge, or (as the case may be), stating as to any one or more of the allcga- tions that he does not know whether such allegation.or allegations is or are true or otherwise.

3.--The defendant so answering may also set up by such answer any defence to the suit, and may explain away the effect of any admission therein made by any other allegation of facts.

Replication.

XXXIX.-No replication or other pleading after answer shall be allowed, except by special leave of the Court.

2.-Where the plaintiff considers the contents of the answer to be such as to render an amendment of the petition necessary or desirable, he may obtain ex parte an order to amend the petition, on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but because it is considered to be material for the plaintiff's case. 3.-Notice of the amendment shall be given to the defendant within such time and in such manner as the Court in each case directs.

any

Settlement of Issues.

XL.--At time before or at the hearing, the Court may, if it thinks fit, on the application of any party, or of its own motion, proceed to ascertain and determine what are the material questions in controversy between the parties, although the same are not distinctly or properly raised by the pleadings, and may reduce such questions into writing and settle them in the form of issues; which issues, when settled, may state questions of law on admitted facts, or questions of disputed fact, or ques- tions partly of the one kind and partly of the other.

2. In settling issues, the Court may order or allow the striking out or amendment of any pleading or part of a pleading, so that the pleadings may finally correspond with the issues settled, and may order or allow the striking out or amendment of any pleading, or part of a pleading, that appears to be so framed as to prejudice, embarrass, or delay the trial of the cause.

any

3.-Where the application to the Court to settle issues is made at stage of the proceedings at which all parties are actually present before the Court, either in person or by counsel or attorney, or at the hearing, the application may be made viva voce, and may be disposed of at once, other- wise the application must be made and disposed of on summons. It shall be in the discretion of the Court to direct which issues shall be first dis- posed of.

4.—At any me before the decision of the case, the Court may amend the issues or frame additional issues on such terms as to it shall seem fit, and all such amendments as may be necessary for the purpose of deter- mining the real onestion or controversy between the parties shall be so made.