Directory_and_Chronicle_1901 — Page 376

Application for further Particulars.

Effect thereof.

Amendment

Trial,

318

CODE OF CIVIL PROCEDURE-HONGKONG

state his claim in the petition in a general form, and to annex to the petition. a schedule stating the particulars of his demand in any form which shall give the defendant reasonably sufficient information as to the details of the claim.

2.-An application for further or better particulars may be made by the defendant before answer, on summons.

3. The plaintiff shall not at any hearing obtain a judgment for any sum exceeding that stated in the particulars, except for consequent interest and the costs of suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds the sum stated in the particulars.

4. Particulars of demand shall not be amended except by leave of thereof before the Court; and the Court may, on any application for leave to amend, grant the same on its appearing that the defendant will not be prejudiced by the amendment. Otherwise the Court may refuse leave, or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.

Amendment thereof at Trial.

Limit of Time

5.-Any variauce between the items contained in the particulars and the items proved at the bearing may be amended at the hearing either at once or on such terms as to notice, adjournment, or costs as justice requires. 6.-Where particulars are amended by leave of the Court, or where for amendment, further or better particulars are ordered to be given, the order shall state the time within which the amendment is to be made, or the further or better particulars are to be given; and the order for the amendment or further or better particulars shall state the time which the defendant is to have to put in his answer.

In what Cases.

Copies.

Offer to allow

Inspection.

May be granted though not specifically

asked.

Must state character in

which they sue.

Joint cause of Suit.

—

Papers Annexed

XXVI. Where the plaintiff seeks (in addition to or without any order for the payment of money by the defendant) to obtain, as against any person, any general or special declaration by the Court of his rights under any contract or instrument, or to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled, or to restrain any defendant by injunction, or to have any account taken between himself and any other or others, and in such other cases as the nature of the circumstances makes it necessary or expedient, the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the petition, where such papers or documents aro brief, or may state any reason for not annexing copies of such papers or documents, or any of them respectively (as their length, possession or copies by the defendant, loss, inability to procure copies), that he may have to allege. The plaintiff shall, in his petition, offer to allow the defendant to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.

Equitable Relief and Defence

XXVII. Every petition is to be taken to imply an offer to do equity in the matter of the suit and to admit of any equitable defence, and, on the other hand, to enable the plaintiff to obtain at the hearing any such equitable relief as he may appear entitled to from the facts stated and proved, though not specifically asked, if it may be granted without hardship to the defendant.

Parties

XXVIII.-Persons entitled to sue and suing on behalf of others, as guardians, executors, or administrators, or on behalf of themselves and others as creditors in a suit for administration, must state the characters in which they sue.

2.--All persons having a joint cause of suit against any defendant ought ordinarily to be parties to the suit.