Directory_and_Chronicle_1889 — Page 946

Where Service

made out of Jurisdiction.

On Application of Defendant.

Where Defect * patent.

Demurrer.

For insufficient Particulars.

Documents Teterred to.

Costs.

Libellous or offèusive

Expressions.

Amendment

before Answer.

Notice thereof.

Time within which to be Bied.

Application for Purther Time.

Effect of

¿Defendant not

answering.

122

CODE OF CIVIL PROCEDURE-HONGKONG.

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

Siaying Proceedings for Defect in Petition.

XXX.-Where a petition is defective on the face of it by reason of 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.

2.- The Court may, of its own motion, make an order to stay pro- 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,

XXXI. Where a defendant conceives that he has a good legal or equitable defence to the petition, so that even if the allegations of fact in the petition were admitted or charly established, yet the plaintiff would not be entitled to any decree against him (the defendant), he may raise this defence by a motion that the petition be dismissed without any auswer being required from hin.

Amendment of Petition.

XXXII. Any plaintiff not giving sufficient information to enable 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.

2.- The plaintiff may be ordered to annex copies of, or produce for inspection, such papers or documents in his prossession 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 justice requires, and stay proceedings until the order is complied with.

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

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

CHAPTER V.-THE ANSWER

REPLICATION-INTERROGATORIES-

SETTLEMENT OF ISSUES.

Form and Contents.

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

2. The application when made, unless consented to, must be sup- 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.

3.—Where a defendant does not put in any answer (or such answer is dispensed with in manner aforesaid), he shall not be taken as admitting the allegations of the petition, or the plaintiff's right to the relief sought;