Directory_and_Chronicle_1898 — Page 370

CODE OF CIVIL PROCEDURE-HONGKONG

313

claire set up against him, may be ordered, on the application of the defen- dant before answer, to amend his petition.

teferred to.

2 —The plaintiff may be ordered to annex copies of, or produce for Documents 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 in spect for the purposes of the suit.

3-The Court may, in such cases, make such order as to costs as Costs. justice requires, and stay proceedings until the order is complied with.

offensive

4.-If any petition contains libellous or ne dlessly offensive expres- Libellous or sions, the Court may, either of its own motion before service thereof or Expressions. on application of the defendant, order the petition to be amended, and make snch order as to costs as justice requires.

before Answer.

5.-A petition may be amended at any time before answer by leave Amendment of the Court obtained ex parte.

6.- Notice of the amendment shall be given to the defendant within Notice thereof. such time and in such manner as the Court directs,

CHAPTER Chapter V.THE ANSWER-REPLICATION --INTERROGATORIES—

SETTLEMENT OF ISSUES

Form and Contents

filed,

XXXIII.—Unless an answer shall be dispensed with by leave of Time within the Court, or by consent of parties, or in certain cases by any general rule which to be or order of Court, the defendant must 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- Application for ported by affidavit, or, if the Court in its discretion shall permit, by oral further Time. evidence on oath, showing that there is reasonable ground for the appli- cation and that it is not made for the purpose of delay.

answering,

3.—Where a defendant does not put in any answer (or such answer Effect of is dispensed with in manuer aforesaid), he shall not be taken as admitting Defendant not the allegations of the petition, or the plaintiff's right to the relief sought; and at the bearing (even though such defendant does not appear) the plaintiff must open his case, and adduce evidence in support of it, and take such judginent as to the Court appears just.

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

allowed.

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

Summons

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

7. The answer shall show the nature of the defendant's defence to What the

Answer should the claim set up by the petition, but may not set forth the evidence by tet forth. which such defence is intended to be supported.

8.-It shall be clear and precise, and not introduce matters irrele- should be vant to the suit, and the rules before laid down respecting the setting out precise and of the documents and the contents of the petition generally shall be ob- served in the answer mutatis mutandis.

relevant.

9.-It must deny all such material allegations in the petition as the Denial of defendant intends to deny at the hearing.

Allegations.

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