698533-1873-Code-of-Civil-Procedure- — Page 13

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THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.

Where Defeet is patent.

Demurrer.

For insufficient Particulars.

Documents referred to.

Costs.

Libellous or offensive Expressions.

Amendment

2. The Court may, of its own Motion, make an Order to stay Proceedings on a defective Petition, where the Defect is patent, and comes to the Knowledge of the Court before Service of the Petition on the Defendant.

Dismissal of Petition on Ground of Law.

XXXI. Where a Defendant conceives that he has a good legal or equitable Defence to the Petition, so that even if the Allega tions of Fact in the Petition were admitted or clearly established, yet the Plaintiff would not be entitled to any Decree against him (the Defendant), he may raise this Defence by a Motion that the Petition be dismissed without any Answer being required from him.

Amendment of Petition.

XXXII. Any Plaintiff not giving sufficient Information to enable the Defendant reasonably to understand the Nature and Particulars of the Claim set up against him, may be ordered, on the Application of the Defendant before Answer, to amend his Petition.

2. The P'antiff 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.

3. The Court may, in such Cases, make such Order as to Costs as Justice requires, and stay Proceedings until the Order is com- plied with.

4. If any Petition contains libellous or needlessly offensive Expressions, the Court may, either of its own Motion before Ser- vice thereof, or on the Application of the Defendant, order the Petition to be amended, and make such Order as to Costs as Justice requires.

5. A Petition may be amended at any Time before Answer by. before Auswer. Leave of the Court obtained ex parte.

Notice thereof.

6. Notice of the Amendment shall be given to the Defendant within such Time and in such Manner as the Court directs.

CHAPTER V.

THE ANSWER---REPLICATION-INTERROGATORIES-

SETTLEMENT OF ISSUES.

Time within which to be filed.

Form and Contents.

XXXIII. Unless an Answer shall be dispensed with by Leave of the Court, or by Consent of Parties, or in certain Cases by any General Rule or Order of Court, the Defendant must file in the Court an Answer to the Petition within Ten Days from the Date of the Service thereof, or in Cases of Service out of the Juris- diction within such Time as the Court shall have ordered: Pro- vided always that he may obtain further Time to answer, on Summons stating the further Time required and the Reasons why it is required.

Application for 2. The Application when made, unless consented to, must be further Tine. supported by Affidavit, or if the Court in its Discretion shall permit, by oral Evidence on Oath, shewing that there is reasonable Ground for the Application and that it is not made for the Pur- pose of Delay.

Effect of

answering.

3. Where a Defendant does not put in any Answer, (or such Defendant not Answer is dispensed with in Manner aforesaid), he shall not be taken as admitting the Allegations of the Petition, or the Plaintiff's Right to the Relief sought; and at the Hearing (even though such Defendant does not appear) the Plaintiff must open his Case, and adduce Evidence in support of it, and take such. Judgment as to the Court appears just.

Leave to au-

4. A Defendant neglecting to put in an Answer within the swer after Time Time or further Time allowed, shall not be at liberty to put in an

Answer without Leave of the Court, or Consent of Parties.

allowed.

When granted ex parte.

When Summons required.

5. The Court may grant such Leave by Order on the ex parte Application of the Defendant at any Time before the Plaintiff has set down the Cause, or applied to have it set down for hearing. 6. Where the Cause has been set down, or the Plaintiff has applied to have it set down for hearing, the Court shall not grant such Leave except on Return of a Summous to the Plaintiff giving Notice of Defendant's Application, and on such Terms as to Costs and other Matters as seem just.