Directory_and_Chronicle_1898 — Page 369

Joint and several Demand.

Persons not before the

Court may be made Parties.

Notice to such Persons.

Distinct Causes of Suit in one Petition.

Misjoinder of Suits,

Where

Defendant

312

CODE OF CIVIL PROCEDURE-HONGKONG

3.--Where the plaintiff has a joint and several demand against seve- ral per-ous, either as principals or as securities, it shall not be necessary 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.

4.-If it appear to the Court, at or before the bearing of a suit, that all the persons who may be entitled to, or who claim some share or inte rest in the subject matter of the suit, and who may be likely to be affected 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 of a writ of summons on a defendaut, and on proof of due service of such notice the person so served, whether he shail have appeared or not, shall be bound by all proceedings in the cause.

5.-In case a petition states two or more distinct causes of suit, by and against the same parties, and in the same rights, the Court may, either before or at the hearing, if it appears inexpedient to try the different 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 not by and against the same parties, or by and against the same parties but not in the same rights, the petit on may, on the application of any defendant, be amended or dismissed

-

XXIX. As soon as practicable after the filing of the petition, the has appeared. plaintiff shall cause a copy thereof under the seal of the Court to be served upou 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 wit in ten days from the day of such service, or in cases of service out of the jurisdiction, wit in 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 as against whom the plaintiff has obtained the leave of the Court to pro- ceed with his suit ex parte.

Where

Defendant has not appeared.

Where service made out of Jurisdiction.

On application of Defendant.

Where Defect is patent.

Demurrer.

For insuficient Particulars,

2. Where s rvice of the writ of summons is directed to be made out of the juris 'iction, the Court may order that the petition be filed forth- 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

XXX. Where a ptition is defective on the face of it by reason of 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.

2.-The Court may, of its own motion, make an order to stay pro- 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. Dismissal of Petition on Ground of Law

XXXI. Were a defendant conceives that he has a good legal or equitable defence to the petition, so that even if the allegat ons 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

Digitized by OOQ €