Directory_and_Chronicle_1902 — Page 424

CODE OF CIVIL PROCEDURE-HONGKONG

321

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 Application the defendant before answer, on summons.

for further Particulars.

3. The plaintiff shall not at any hearing obtain a judgment for any Effect thereof. 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.

› Trial.

4. Particulars of demand shall not be amended except by leave of Amendment the Court; and the Court may, on any application for leave to amend, thereof before 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.

thereof at

5.—Any variance between the items contained in the particulars and Amendment the items proved at the hearing may be amended at the hearing either at Trial. once or on such terms as to notice, adjournment, or costs as justice requires.

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for amendment.

6. Where particulars are amended by leave of the Court, or where Limit of Time further or better particulars are ordered to be given, the order shall stato 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.

Papers Annexed

XXVI. Where the plaintiff seeks (in addition to or without any In what Cases. 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 bis 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 Copies. papers or documents to the petition, where such papers or documents are 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 Offer to allow to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.

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Equitable Relief and Defence

Inspection.

specifically

XXVII. Every petition is to be taken to imply an offer to do equity May be granted in the matter of the suit and to admit of any equitable defence, and, on though not the other hand, to enable the plaintiff to obtain at the bearing any such asked. 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 Must state guardians, executors, or administrators, or on behalf of themselves and character in others as creditors in a suit for administration, must state the characters which they sue. in which they sue.

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

defendant Joint cause

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of Suit.

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