Directory_and_Chronicle_1911 — Page 412

RULES OF SUPREME COURT IN CHINA

within or without the jurisdiction, the Court shall order the action to be struck out unless the plaintiff undertakes to discontinue the action in the other Court before a certain date to which the trial shall be adjourned, and if the action in the other Court has not been discontinued by that date, the action shall then be struck out.

419

diction of Court

on trial of astion

158. At the trial the Court may try the whole matter of the action General juris- and give judgment thereon, or grant any relief, redress, or remedy, or may make any order and give any direction it may consider necessary to enable it to give a final judgment upon a future day (to which the trial shall be adjourned), and may also make such order as to costs as shall be authorized by these Rules and as the Court may think fit.

159. When at the trial the Court considers that the action cannot be Absent parties

may be added adjudicated upon by reason of all the proper parties not being before the at the hearing. Court, it may order such parties to be made plaintiffs or defendants upon such terms as to adjournment notices and costs as it shall think fit.

160. When two or more defendants are joined, and judgment is Separate judg ments against given separately against each with costs, the costs shall be apportioned more then one according to the respective amounts of each judgment, unless the Court defendant. shall otherwise order.

Judgment on

161. When a counter-claim is established against a plaintiff's claim, counter-claim the Court way, if the balance is in favour of the defendant, give judgment may be given for the defendant for such balance, or may adjudge to the defendant otherwise such relief as he may be entitled to on the merits of the case.

Amendments.

for balance.

162. The Court may at any stage of the proceedings and in such Amendment. manner and on such terms as may be just, allow all such amendments to be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

163. If a party who has obtained leave to amend does not amend Neglect to accordingly within the time limited for that purpose, or, if no time is amend within specified, within eight days from the date of the order, the order shall become ipso facto void, unless the Court shall think fit to extend the time.

documents to

164. Whenever any document is amended it shall be marked with Amended the date of the order of amendment, and of the day on which the be marked. amendment is made, in mauner following, viz.:-

Amended

dated the

J

day of

day of

pursuant to order of

19

J

165. Whenever any document is amended it shall be delivered to the Time for opposite party within the time allowed for the amendment, and when the delivery, document is one which is required to be filed the amended document shall be filed also in the same mauner.

Judgments and Orders.

166.-(1.) A Minute of every order, whether interlocutory or final, Formal orders. shall be made by the Court in the Minutes of Proceedings at the time when the judgment or order is given or made.

(2.) Every such Minute shall have the full force and effect of a

formal order, and shall form part of the Record.

(3.) The Court may at any time order a formal order to be drawn up on the application of any party.

(4.) Where the Court delivers a decision in writing, the original or a copy

thereof signed by the Judge or officer holding the Court shall be filed in the proper office of the Court with the papers in the action.