Directory_and_Chronicle_1894 — Page 340

CODE OF CIVIL PROCEDURE-HONGKONG

CHAPTER IX.-THE HEARING. Non-attendance of Parties.

303

LXI.-When a cause in the hearing-paper has been called on, if Non-attendance neither party attend in person or by counsel, the Court, on being satisfied of both Parties. that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike the cause out of the hearing-paper.

Of Plaintiff.

2.-If the plaintiff does not attend in person or by counsel, the Court, on being satisfied that the p'aintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike out the cause, and make such order as to costs in favour of any defen lant appearing as seems just. of Defendant.

3. If the plaintiff atten ls, but the defendant or any of the defendants does or do not attend in person or by counsel, the Court shall, before hearing the cause, inquire into the service of the writ of summons and petition and of notice of hearing on the absent party or parties.

4.—If not satisfied as to the service on every party, the Court shall Further Service, direct such further service to be made as it shall think fit, and adjourn the hearing of the ause for that purpose.

ez parte.

5.-If satisfied that the defendant or the several defendants has or When Court have been duly served with the writ of summons and petition, and with may proceed notice of the hearing, the Court may proceed to hear the same notwith- standing the absence of the defendant or any of the defendants, and may, on 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 seems to require an adjournment.

for absent

6. In all cases where the plaintiff has obtained leave to proceed ex Bo-hearing parte for want of appearance to the writ of summous, and in all other Defendant. cases where the Court hears a caus↔ and judgment is given in the absence of and against any defendant, the Court may afterwards, if it thinks fit, on such terms as seem just, set aside 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 absence was not wilful, and that he has a defence upon the merits.

Cause to Hear-

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

of Plaintiff a

8.- Where a cause has been once struck out, and has been a second Non attendance time set down, and has come into the hearing-paper, and on the day fixed second Time. 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 defendant, 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 on the plaintiff to show cause why a day should not be fixed for the peremptory hearing of the cause; and on Peremptory the return to that order, if no cause, or no sufficient cause be shown, the Order. Court shall fix a day accordingly upon such notice and other terms 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, unless 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.

Effect of Dis- such Cases.

missal of Suit

in

Statement of Pleadings.