Directory_and_Chronicle_1902 — Page 344

IN CHINA AND JAPAN

Amendment

241

On

30. Any plaintiff not giving sufficient information to enable the on application defendant reasonably to understand the nature and particulars of the of Defendant. claim set up against him, may be ordered, on the application of the defendant before answer, to amend his petition.

The plaintiff may be ordered to annex copies of, or produce for 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 inspect for the purposes of the suit.

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

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

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

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

Equity

application of Plaintiff.

petition,

33. Every petition is to be taken to imply an offer to do equity in the Effect of matter of the suit commenced by it, 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

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

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

Joint causes of suit.

36. Where the plaintiff has a joint and several demand against several Joint and several persons, either as principals or as sureties, it is not necessary for him to demand. 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.

37. If it appears before or at the hearing that any person not joined Non-joinder or

mis-joinder. as plaintiff or as defendant ought to be so joined, or that any person joined as plaintiff or as defendant ought not to be so joined, the Court may order the petition to be amended, with liberty to amend the other pleadings (if any), and on such terms as to time for answering, postpone- ment or adjournment of hearing, and costs, as justice requires.

But no person shall be so joined as plaintiff without satisfactory evidence to the Court of his consent thereto.

Nor shall the name of any plaintiff be struck out unless it appears to the satisfaction of the Court either that he was originally joined as plaintiff without his consent, or that he consents to his name being struck out.

person,

38. Where a plaintiff sues any person as agent for some other not seeking to fix such agent with any personal liability, the Court, on the fact coming to its knowledge, shall, if the person really sought to be fixed with liability is within the particular jurisdiction, forthwith order his name to be substituted, and stay proceedings until the order is complied with. But if he is not within the particular jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as agent undertakes

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Defendant sued as agent.