Court mar make Order other than
ushed for.
May very or discharge
Order.
Return-day.
Counter Afdavits.
Enlargement of Time and further Service,
Appra nnce or Proof of Service
General Powers of Court.
Aprlie wion to Registrar.
Contents thereof,
Issue of Summons.
Proceedings on Return-day.
Note of Evidence.
A journment,
Private Hearing.
By Affidavit in general.
128
CODE OF CIVIL PROCEDURE-HONGKONG,
11-I it appears to the Court on the evidence a lduced in support of the motion, or on any additional evidence which the Court permits to be adduced in support thereof, that the parly moving is entitled to an order absolute, or to show cance different from the onder asked, and the party moving is willing to take such differcut order, the Court may so order accordingly.
12.-Where an order is made on a metin cơ perle, any party affected by it may, within seven days after service of it, or within such further time as the Court shall allow, apply to the Conet by motion to very or disebarge it; and the Court on notico 16 the party obticing the order, either tany refuse to vary or divelarus it, or uny vary or dis churge it with or without imposing fermis as to costs or security, or o her things, as seems just.
Order to show Cause.
XLIV.—An order to show ean e shall specify a day when cause is to be shown, to be called the returu-day to the order, which shall ordinarily be not less than four days after service.
2.—A person served with an order to show cause may, before the return-day, file affidavits to contradict de evidence used in obtaining the order, or setting forth ofher facts on which he relies, to induce the Court to discharge such order,
3-Ou the re un day, if the person served do not appear in person or by counsel or attorney, and it appeurs to the Court that the service on all proper parties has not been dúly effect od, the Court may enlarge the time, and direct far her service, or nake sich other order as serins just.
4.—If the person served appear, or the Court is satisfied that servies on all proper parties has been duly eïïceted, the Court may proceed with the matter.
5.- The Court may either discharge the order or make the same absolute, or adjourn the cons doration ildreo", or permit further a ublavits to be filed in su port of or against the on r, and y modify the terms of the order so as to meet the merits of the case.
Sirmiumus,
ין
XLV. Every ammo ons shall be issued out of the Registrar's Odies, and, before it can be issued, an application for the saine to the Registrar must be made in writing, and signed by the applicant or his attorney, and headed in the suit or other proceesling,
2.---The application for the summons shall distintly set forth the nature of the particular application.
3.-The Registrar may thereupon issue a summons setting forth the nature of the application, ordering the person to whom it is directed to appear at the time and place directed by the Registrar and specified on
the summons.
4.-On the return-day of the summons, if the person to whom the summons is directed appears, or in his absence, on proof of servire, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a suamry way,
5.—The Court, shall take a note of the waterial evidence, if taken vivâ voce.
6.—The Court may aljouru the hearing of any summons when
necessary.
7.-- The Court may order any proceedings in Clambers to be heard in private.
Evidence in Interlocutory Proceedings.
XLVI.-The evidence at the hearing of any interlocutory or other application in a suit or matter, shall, as a general rule, be by affidavit, but the Court may, if it thinks it expedient, summon any person to attend to
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