599596-1939-Supplementary-Draft-Bill--Law-Revision — Page 5

SHORT TITLE.

934

Schedule, contd.

AMENDMENT OR REPEAL.

2. The Code of Civil

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

(5) Section 42 sub-section (1) is amended-

5 €

(i) by the insertion in paragraph (a) of the words or the perpetuation of testimony relating to land within the jurisdiction immediately after the word profits) the third line;

in

(ii) by the insertion of the following new paragraph immediately after paragraph (e)-

44

(ee) the action is founded on a tort committed within the jurisdiction; or

(iii) by the substitution of a semicolon and the word Or for the period at the end of paragraph (g) and the insertion of the following new paragraph immediately thereafter---

(h) the action is brought under the 22 & 23 Geo. Carriage by Air Act, 1932 ".

5, c. 36.

(6) Section 42A, as amended by Ordinance No. 27 of 1937, is further amended by the insertion in paragraph (vi) of the words immediately after the words

a copy of together with

31

in the third line.

(7) Section 52--the following section is sub-

stituted-

52. When the cause has been called Trial on, the court may proceed to try it ex ex parte. parte and may on the evidence adduced by H.K, Code,

s. 12 (3). the plaintiff give such judgment as may o. 13, appear to be just: Provided that in actions rr. 3, 16. by a money-lender or an assignee for the recovery of money lent by the money- lender or the enforcement of any agree- ment 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.

(8) Section 65 is amended by the addition at the end of the words ", and the proceed- ings shall be continued as if the new defendant had originally been made а defendant."

(9) Sections 85 to 92 are repealed and the following sections 85 to 92E substituted—

Ordinance No. 16 of 1911."

85.-(1) Where in any action a de- Third-party fendant claims as against any person not notice. already a party to the action (hereinafter 9. 16a, r. 1. called the third party)-

(a) that he is entitled to contribution or indemnity, or

(b) that he is entitled to any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or

(c) that any question or issue relating to or connected with the said subject-matter is substantially the same as some question

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