Buit may be re-opened within two Years after Judgment
Reversal of Judgment not to affect Purchasers.
In what Cases may be prefor- red-In what Form.
To be com- menced by Petition.
Consent of Governor-
Procedure
thereon.
Service of Petition, &c.
Proceedings on Decree.
In what Cases.
Leave to defend.
Proceedings
where Leave not obtained.
844
CODE OF CIVIL PROCEDURE HONGKONG
27.-The defendant may at any time within two years from the date of the judgment, notwithstanding that the property attached, or any part thereof, shall have been sold in satisfaction of the plaintiff's claim, apply to the Court upon notice of motion for an order to set aside the judgment and for the re-hearing of the suit, and for leave to defend the same; and if it shall appear to the satisfaction of the Court that the defendant had no notice or knowledge of the suit, and could not reasonably have made an earlier application to the Court, and that he had at te time of the obtaining of the judgment and still has a substantial ground of detence, either wholly or in part, to the suit on the merits, it shall be lawful for the Court to grant such order upon such terms as it may deem reasonable.
28. The reversal or setting aside of a judgment, or the dissolving or setting aside of any writ of foreign attachment, or any subsequent proceedings, shall not affect the title of any bona fide purchaser for valuable consideration of any property sold in satisfaction of the plaintiff's claim.
CHAPTER XIV.
Claims against the Government.
LXXXIII.—All claims against the Government of the Colony of the same nature as claims within the provisions of "The Petitions of Right Act, 1860, may, with the consent of the Governor, be preferred in the Supreme Court, in a suit instituted by the claimant as plaintiff against "The Attorney-General" as defendant.
2.-It shall not be necessary for the plaintiff to issue a writ of summons, but the suit shall be commenced by the filing and service of the petition upon the Crown Solicitor.
3he Crown Solic.tor shall transmit the petition to the Govern- ment, and in case the Go ernor shall grant his consent as aforesaid, the suit may proceed and be carried on under the ordinary procedure provided by this Code.
4.-The petition and all other documents, notices, or proceedings, which, in a suit of the same nature between private parties would be required to be served upon the defendant, shall be served upon the Crown Solicitor
5. Whenever in any such suit a decree shall be made against the Government, no execution shall issue thereon, but a copy of such deer e under the seal of the Court shall be transmitted by the Court to the Government.
may
CHAPTER XV.
Summary Procedure on Bills of Eesha.ag and Promissory Notes
LXXXIV. -Suits on Bals o. Exchange or Promissory Notes, in- stituted within six montas alter the same become due and pavable, be heard and d termined in a summa y way as hereinafer is provided. 2.— The Court shall, on application, within seven days from the service of the writ of s muous, give the defendan: leave to defend the suit on his paying mto Court the sum indorsed, or on evidence on oath showing to the satisfaction of the Court a g od legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other fact, as the Court deems sufficient to support the applica- tion, and on such terms as to security and other matters, as to the Court seems fit; and in that case the Court may direct proceedings to be taken and carried on by petition in the ordinary way.
3.-If the defendant does not so obtain leave to defend, the plaintiff, on proof of due service of the writ of summons, shall be entitle, as of course at any time after the expiration of such seven days, to an immediate
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