Directory_and_Chronicle_1890 — Page 149

CODE OF CIVIL PROCEDURE-HONGKONG.

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equitable relief as he may appear entitled to from the facts stated and proved, though not specifically asked, if it may be granted without hardship to the defendant.

Parties.

which they 3V**

XXVIII.-Persons entitled to sue and suing on behalf of others, as Must state guardians, executors, or administrators, or on behalf of themselves and character in others as creditors in a suit for administration, must state the characters in which they sue.

2.-All persons having a joint cause of suit against any defendant Joint cause ought ordinarily to be parties to the suit.

of Suit.

Demand.

3. Where the plaintiff has a joint and several demand against seve- Joint and ral persons, either as principals or as securities, it shall not be necessary several for him to bring before the Court as parties to a suit concerning such demand all the persons liable thereto, but he may proceed against one or more of the persons severally liable.

Court may be

4.-If it appear to the Court, at or before the hearing of a suit, that Persons not all the persons who may be entitled to, or who claim some share or inte- before the rest in the subject matter of the suit, and who may be likely to be affected made Parties. by the result, have not been made parties to the suit, the Court may adjourn the hearing of the suit to a future day to be fixed by the Court, and direct that such persons shall be made either plaintiffs 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 suct of a writ of summons on a defendant, and on proof of due service of such Persons, notice, the person so served, whether he shall have appeared or not, shall be bound by all proceedings in the cause.

Suit in one

5.-In case a petition states two or more distinct causes of suit, by Distinct and against the same parties, and in the same rights, the Court may, either Causes of before or at the hearing, if it appears inexpedient to try the different Petition. causes of suit together, order that different records be made up, and make such order as to adjournment and costs as justice requires.

6. In case a petition states two or more distinct causes of suit, but Misjoinder of not by and against the same parties, or by and against the same parties Suits. but not in the same rights, the petition may, on the application of any defendant, be amended or dismissed.

has appeared.

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 Defendant 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 within ten days from the day of such service, or in cases of service out of the jurisdiction, within such time as the Court shall have ordered. Provided always that no such service of the petition shall be required to be made upon any defendant who has failed to enter an appearance and Where as against whom the plaintiff has obtained the leave of the Court to pro- not appeared. ceed with his suit ex parte.

Detendant bas

made out of

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

Staying Proceedings for Defect in Petition.

of Defendant.

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

is patent.

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