CODE OF CIVIL PROCEDURE-HONGKONG.
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on the contents of which he intends to rely, and may annex copies of such Copes. papers or documents to the petition, where such papers or documents are bref, or tay state any reason for not ann xing copies of such papers or documents, or any of then resportively (as, their length, possession of Coples 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 allow to inspect such paper, ant deumens as aforesaid, or such of them as are in his possession or power.
XXVII. in the matter of
Equitable Melief and Defences
(hle Juspection.
Every petition is to be taken 19 tmply an offer to do e ptity May on granted the sit and to a lant of any equitable detence, and, ou duly the other hand, to enable the plain.f to obrain at the herring any saci asan. suitable retref as he may appear ea thel to from the day's steel and
stated provel, though not specifically asked, if it may be granted with out hardship
to the detenint.
——
Parties.
CAPACIer in Adica They suð.
XXVIII.
- Pers as eqtitled to asal sulag'on b half of others, as last state guar-iians, ex
tors, or a bainistrators, or on behalf of themselves and pters as ere titors in a suit for a lalaistration, must stue the ch tracters in which they site.
2-All persons
soas having a joint cause of suit against any defendan. ought or imary to be puts to the suit.
|
at cause
of suit.
several
3-Waere the plant has a joint an1 several daand against sove, dont aad ral persons, ent as periods or as sources, it shall not be necessary ed for him to bring is fore the Court as parties to a sud cone ring sach
tɔ demand all the so is hale thereto, but he may proceed agamsi one or more of the persons severaly liable.
*
netore tats
inale Parcos,
- it appear to the Court, at or before the hearing of a suit, that Persons nat all the persons who may be entitled to, or who claim sa sare or inte- come my ba rest in the subject matter of the sait, and who may be likely to be affected by the result, have not been made praes to the suit, the Court may augura the hearing of the suit to a future day to be fixed by the Court, and direct that such persas shad be made either plaintifs 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 Notice to such of a writ of summons on a defendant, and on proot of due service of such notice, the person so served, whether he shall have appeared or not, shall be bound by ali procedings in the case,
5.-In case a
before or at the
petition states two or more distinct causes of suit, by
may, either
and against the same parties, and in the same rights, the Court causes of suit together, order that different records be made up, and make hearing, if it appears inexpedient to try the different such order as to adjournment and costs as justice requires.
Persons.
Distinct
Causes of
SUL in one
etion.
6.-In case a petition states two or more distinct causes of suit, but Mjinder of bot by and
defend in the sitte rights, the petition may, on the application of any
Suils.
uas appeara 1.
XXIX. As soon as practicable after the filing of the petition, the where plaintiff shall cause a copy thereof under the seal of the Court to be served vetendant upon every defendant to the suit, and such copy shall contain a memo- randum endorsed thereon requiring the defendant to file an answer to the petition withia ten days from the day of such service, or in cases of service out of the jurisdiction, within such time as tue Court shall have ordered: be made on any defendant who has ailed to enter an appearance and Wase Provided always that no such service of the petition shall be required to as against whom the plaintiff has obtained the leave of the Court to pro- non ppeared. ceed with his suit ex parte.
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