Directory_and_Chronicle_1893 — Page 346

When Court may proceed or parte.

Re-hearing for absent Defendant.

Restoration of Cause to Hear. ing List for Plaintiff,

Non attendance of Plaintiff a second Time.

Peremptory Order.

Effect of Dis-

missal of Suit in such Cases.

Statement of Pleadings.

Burden of Proof.

304

CODE OF CIVIL PROCEDURE-HONGKONG

5. If satisfied that the defen. aut or the several d. fendants has or have been duly served with the writ of summons and petition, and with notice o the hearing, the Court ay proceed to hear the same notwith- standing the absence of the defendant or any of the defendants, and may, In the evidence adduced by the plaintiff, give such judgment as appears just. The Court, however, shall not be bound to do so, but may order the hearing to stand over to a further day, and direct fresh notice to be given to the defendant or defendants in case justice seams to require an adjournment.

6. In all cases where the plaintiff has obtained leave to proceed ex parte for want of appearance to the writ of summons, and in all other cases where the Court hears a caus- and judgment is given in the abs nce of and against any def ndaut, the Court may aft. rwards, if it thinks fit, on such terms as seem just, set side the judgment and re-hear the cause, on its being established by evidence on oath to the satisfaction of the Court that the defendant's abs, nce was not wilful, and that he has a defence upon the merits.

;

7.—Where a canse is struck out by reason of the absence of the plaintiff, it shall not be restored without leave of the Court, until it has been set down again at the bottom of the general hearing list, and been transferred in its regular turn to the hearing-paper.

8.- Where a cause has been once struck out, and has been a second time set down, and has come into the hearing-paper, and on the day fixed for the hearing the plaintiff, having received due notice thereof, fails to attend either in person or by counsel when the case is called on, the Court, on the application of the defen lant, and if the non-attendance of the plaintiff appears to be wilful and intended to harass the defendant, or to be lik ly to prejudice the defendant by preventing the hearing and deter- mination of the suit, may make an order ou the plaintiff to show cause why a day should not be fixed for the peremptory hearing of the cause; and on the return to that order, if no cause, or no sufficient cause be shown, the Court shall fix a day accordingly upon such notice and other t rms as seem just.

9.-In case the plaintiff does not attend on the day so fixed, either in person or by counsel, the Court shall, unl ss it sees good reason to the contrary, order judgment to be entered for the defendant.

Order of Proceeding.

LXII.—The order of proceeding at the hearing of a cause shall be as

follows:-

1.—The plaintiff shall state the pleadings.

2. The party on whom the burden of proof is thrown by the nature of the material issues or questions between the parties has the right to Party to begin. begin; he shall address the Court and open his ca e.

Evidence.

summing up.

Case of other Party.

General Reply.

chief.

3.

He shall then produce his evidence and examine his witnesses in

4. When the party beginning has concluded his evidence, he shail ask the other party if he intends to call evidence (in which term is included evidence taken by affidavit or deposition, or under commission, and docu- mentary evidence not already read or taken as read); and, if answered in the negative, he shall be entitled to sum up the evidence already given and comment thereon; but if answered in the affirmative, he shall wait for his general reply.

5. When the party beginning has concluded his case, the other party shall be at liberty to address the Court, and to call evidence and to sum up and comment thereon.

6.—If no evidence is called or read by the latter party, the party beginning shall have no right to reply, unless he has been prevented from