Directory_and_Chronicle_1891 — Page 170

Demurrer.

For insufficient Particulars.

Documents referred tu,

Conta.

Libellous or

Tensive Expressions.

Amendment

120

CODE OF CIVIL PROCEDURE-HONGKONG.

Dismissal of Petition on Ground of Law.

XXXI.—Where a defendant concives 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 clearly 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 answer being required from him.

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 possession 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 procedings 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 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 before Answer. of the Court obtained ex parte.

Matice thereof.

Time withi which to be $led.

Application for farther Time.

Xfect of

Defendant uot

answering

Leave to unswer after Tim allowed.

When granted -r parte

When

arequired.

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 erder of Court, the defendant mus' 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 appli 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; and at the hearing (even though such defendant does not appear) the plaintiff must open his case, and adduce evidence in support of it, and take such judgment as to the Court appears just.

4.-A defendant neglecting to put in an answer within the time or further time allowed, shall not be at liberty to put in an answer without leave of the Court, or consent of parties.

5. The Court may grant such leave by order on the ex parte ap- plication of the defendant at any time before the plaintiff has set down the cause, or applied to have it set down, for hearing.

6. Where the cause has been set down, or the plaintiff has applied to have it set down for hearing, the Court shall not grant such leave except on return of a summons to the plaintiff giving notice of defendant's application, and on such terms as to costs and other matters as seem just.