Directory_and_Chronicle_1898 — Page 373

Notice thereof.

At or before Hearing.

Amendment of Pleadings in

316

CODE OF CIVIL PROCEDURE-HONGKONG

Court that the amendment is not intended for the purpose of delay or vexation, but because it is considered to be material for the plaintiff's case. 3.-Notice of the amendment shall be given to the defendant within such time and in such manner as the Court in each case directs.

Settlement of Issues

XL. At any time before or at the hearing, the Court may, if it thinks fit, on the application of any party, or of its own motion, proceed to ascertain and det rmine what are the material questions in controversy between the parties, although th sam are not distinetly or properly rais d by the pleadings, and may reluce such questions into writing and settle them in the form of issues, which issues, when settled, may state questions of law on admitted facts, or questions of disputed fact, or ques- tions partly of the one kind and partly of the other.

2.--In settling issues, the Court may order or allow the striking out framing Issues. or amendment o any pleading, or part of the pleadings, so that the plea ings may finally correspond with th issues settled, and may order or allow the striking out or amendment of any pleading, or part of a pleading, that appears to be so framed as to prejudice, en:barrass, or delay the trial of

How Application to be made.

Ainended or additional Jesorg.

Power to deliver written Inter. rogatories to

the cause.

3.-Where the application to the Court to settle issues is made at any stage of the proceedings at which all parties are actually present before the Court, either in erson or by counsel or attorney, or a the bearing, the application may be made viva voce, and may be disposed of at onc other- wise the application must be made and disposed of on summons. It shall be in the discretion of the Court to direct which issues shall be first dis- posed of.

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4. At any time before the decision of the case, the Court may amend the issues or frame additional issues on such terms as to it shall seem fit, and all such amendments as may be necessary for the purpose of determin- ing the real qu stion or controversy between the parties shall be so made.

Interrogatories—Discovery—Unwilling Witness

XLI.—In all suits, the plaintiff and 'he defendant, or either of them, may, by order of the Court, deliver to the opposite party or his attorney posite Party. (provided such party, if not a body corporate, would b liable to b called and examined as a witness upon such matter), interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or in the case o' a body corporate, any of the officers of such body corporate, within ten days to answer the questions in writing by affidavit, to be sworn and filed in the ordinary way; and any party or officer omitting, without just cause, sufficiently to answer all questions as to which a dis- covery may be sought within the above time, or such extended time as the Court shall allow, shall be deemed to have committed a contempt of the Court, and shall be liable to be proceeded against accordingly.

Affidavit by

to interrogate

2.—The application for such ‹rder shall be made upon an affidavit of Party proposing the party proposing to interrogate, and his attorney or agent, or, in the and his Attorney, case of a body corporate, of their attorney or agent, stat ng that the deponent believes that the porty proposing to interrogate, whether plaintiff or defendant, will derive material benefit in the cause from the discovery which he seeks, that there is a good cuse o' action or defence upon the merits, and, i' the application be made on the part of the de endant, that the discovery is not sought for the purpose of delay: Provided that where it shall happer, from unavoidable circumstances, that the plaintiff or defendant cannot join in such affidavit, the Court may, i' it think fit upon affidavit o such circumstances by which the party is preven ed 'rom so joining therein, allow and order that the interrogedories may be delivered without such affidavit.

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