599596-1939-Supplementary-Draft-Bill--Law-Revision — Page 12

SHORT TITLE.

941

Schedule,-contd.

AMENDMENT OR REPEAL.

2. The Code of Civil

Procedure, 1901. (No. 3 of 1901), -contd.

additional payment if necessary, to the whole or any specified portion of the plaintiff's claim, or if he pleads a tender may by his pleading appropriate the whole or any part of the money in court as pay- ment into court of the money alleged to have been tendered: and the money so appropriated shall thereupon be deemed to be money paid into court pursuant to sections 152 to 157 relating to money paid into court, or money paid into court with a plea of tender as the case may be, and shall be subject in all respects thereto."

(12) Section 188-sub-section (2) is amended by the substitution in the fourth and fifth lines of the words any matter in ques- tion for the words the matters in question or any of them ".

"

(13) Section 239-the following section is sub-

stituted--

239. In any such case the provisions Agreement of section 234 shall apply as if the case of parties were a special case under that section.

for payment of money, etc., on

(14) Section 242-sub-section (4) is amended decision of by the substitution in the first and second questions." lines of the words the particular provi- sions thereof" for the words "its particular provisions".

(15) Section 287 is amended by the substitu- tion in the third and fourth lines of the words disposed of for the words got through

*

(16) Section 300-the following section is sub-

stituted

statement

300. Where the defendant does not Procedure file a statement of defence, the plaintiff at where no the trial must open his case, and adduce of defence evidence in support of it and take such filed. judgment as to the court may seem just, H.K. Code, and the defendant shall not be entitled to s. 33 (3).

0. 27, be heard at the trial without the special

rr. 2, 16. leave of the court and then only to such extent and in such manner as the court may permit: Provided that in actions by a money-lender or an assignee for the re- covery of money lent by the money-lender or the enforcement of any agreement or security relating to any such money, the court may exercise the powers of the court under sub-section (1) of section 2 of the Money-lenders Ordinance, 1911.

1

(17) Section 326A-sub-section (5) is amended

by the substitution of the word

"thinks for the words shall think in the second line.

1

(18) Section 331-the following section is sub-

stituted-

Ordinance No. 16 of 1911."