Directory_and_Chronicle_1888 — Page 892

CODE OF CIVIL PROCEDURE-HONGKONG.

135

be summoned

6.-Any person, whether a party to the suit or not, may be summond Persons may, to produce a document without being summoned to give evidence, and any merely to pro- person summoned merely to produce a document, shall be deemed to have duce Docu complied with the summons, if he cause such document to be produced instead of attending personally to produce the same.

CHAPTER IX.-THE HEARING,

Nor-attendance of Parties.

ments.

LVI.—When a cause in the bearing-paper has been called on, if Non-attendance neither party attend in person or by counsel, the Court, on being satisfied of both Parties. that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike the cause out of the hearing-paper.

2.-If the plaintiff does not attend in person or by counsel, the Court Of Plaintiff, on being satisfied that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike out the cause, and make such order as to costs in favour of any defendant appearing as seems just.

3. If the plaintiff attends, but the defendant or any of the defendants Of Defendant. does or do not attend in person or by counsel, the Court shall, before hearing the cause, inquire into the service of the writ of summons and petition and of notice of hearing on the absent party or parties.

4.-If not satisfied as to the service on every party, the Court shall Further Service, direct such further service to be made as it shall think fit, and adjourn the hearing of the cause for that purpose.

5.-If satisfied that the defendant or the several defendants has or When Court

ex parte.

have been duly served with the writ of suinions and petition, and with proceed notice of the hearing, the Court may proceed to hear the cause notwith- standing the absence of the defendant or any of the defendants, and may, on the evidence adduced by the plaintiff, give such judgment as appears just. The Court, however, shall not be bound to do so, but may order the hearing to stand over to a further day, aud direct fresh notice to be given to the defendant or defendants in case justice seems to require an adjourn

ment.

for absent

6.- In all cases where the plaintiff has obtained leave to proceed ex Re-hearing parte for want of appearance to the writ of summons, and in all other Defendant. cases where the Court hears a cause and judgment is given in the absence of and against any defendant, the Court may afterwards, if it thinks fit, on such terms as seems just, set aside the judgment and re-hear the cause, on its being established by evidence on oath to the satisfaction of the Court that the defendant's absence was not wilful, and that he has a defence upon the merits.

Cause to Hear. ing List for

of Plaintiff a

7.—Where a cause is struck out by reason of the absence of the Restoration of plaintiff, it shall not be restored without leave of the Court, until it has been set down again at the bottom of the general hearing list, and been Plaintiff, transferred in its regular turn to the hearing-paper.

8.-Where a cause has been once struck out, and has been a second Non-attendance time set down, and has come into the hearing-paper, and on the day fixed second Time. for the hearing the plaintiff, having received due notice thereof, fails to attend either in person or by counsel when the case is called on, the Court, on the application of the defendant, and if the non-attendance of the plaintiff appears to be wilful and intended to harass the defendant, or to be likely to prejudice the defendant by preventing the hearing and deter- mination of the suit, may make an order on the plaintiff to show cause why a day should not be fixed for the peremptory hearing of the cause; and on Peremptory the return to that order, if no cause, or no sufficient cause be shown, the Order. Court shall fix a day accordingly upon such notice and other terms as seem

just.