AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
653
"Cause" means any action, suit, or other original proceeding between a plaintiff and a defendant : 36 & 37 Vict. c. 66 s. 100.
s. 2. "Action" means a civil proceeding commenced by writ of summons or in such other manner as is prescribed by this Code: "Cause of action" in actions founded on contract does not necessarily mean the whole cause of action, but a cause of action shall be deemed to have arisen within the jurisdiction if the contract was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere:
27 "Matter" includes every proceeding in the Court not in a cause: Originating summons means every summons other than summons in a pending cause or matter:
a 36 & 37 Vict. c. 66 s. 100. O. 71 r. 1 A. c. 66 s. 100. Party" includes every person served with notice of or attending any proceeding, although not named on the record : "Judgment" includes decree:
"Judgment creditor" means any person in whose favour a judgment or order capable of execution has been given or made, and includes any person to whom such judgment or order has been transferred:
Ib. "Judgment debtor" means any person against whom a judgment or order has been given or made:
s. 2. "Receiver" includes a consignee or manager appointed by or under an order of the Court.
3. Subject to the provisions of any statute, rule, or order relating thereto, nothing in this Code shall-
(1.) affect the rights, privileges, or remedies of the Crown further or otherwise than is herein expressly enacted in that behalf; or
(2.) affect the existing jurisdiction or powers of the Court further or otherwise than is herein expressly enacted in that behalf; or
(3.) affect the practice or procedure of the Court prescribed by any statute for the time being in force relating to-
(a.) causes or matters testamentary; or
(b.) causes or matters in bankruptcy; or
(c.) causes or matters in its Admiralty jurisdiction; or
(d.) the incorporation, regulation, and winding-up of trading companies and other associations.
H. K. Code, s. 3.
4. In all cases with respect to which no provision is made by this Code, the Rules of Practice for the time being in force in the Supreme Court in England shall be deemed to be in force in the Court, subject to their applicability and with such modifications as the circumstances may require.
5. This Code is divided into Parts and Chapters, as follows:
AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
653
"Cause "
means any action, suit, or other original proceeding 36 & 37 Vict. between a plaintiff and a defendant :
c. 66 s. 100.
8. 2.
"Action" means a civil proceeding commenced by writ of summons Ib. or in such other manner as is prescribed by this Code: "Cause of action " in actions founded on contract does not H. K. Code, necessarily mean the whole cause of action, but a cause of action shall be deemed to have arisen within the jurisdiction if the contract. was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere:
27
"Matter" includes every proceeding in the Court not in a cause: Originating summons means every summons other than summons in a pending cause or matter:
a
36 & 37 Fict. c. 66 s. 100. 0. 71 r. 1 A.
c. 66 s. 100.
Party" includes every person served with notice of or attending 36 & 37 Vict. any proceeding, although not named on the record : "Judgment" includes decree :
Judgment creditor" means any person in whose favour a judgment or order capable of execution has been given or made, and includes any person to whom such judgment or order has been transferred:
Ib.
Judgment debtor means any person against whom a judgment Indian Code, For order has been given or made:
8. 2.
"Receiver" includes a consignee or manager appointed by or under 0.71 r. i. an order of the Court.
3. Subject to the provisions of any statute, rule, or order relating Savings. therete, nothing in this Code shall-
1.) affect the rights, privileges, or remedies of the Crown further or
otherwise than is herein expressly enacted in that behalf; or (2.) affect the existing jurisdiction or powers of the Court further or
otherwise than is herein expressly enacted in that behalf; or (3.) affect the practice or procedure of the Court prescribed by any
statute for the time being in force relating to-
(a.) causes or matters testamentary; or
(b.) causes or matters in bankruptcy; or
(c.) causes or matters in its Admiralty jurisdiction; or
(d.) the incorporation, regulation, and winding-up of trading com-
panies and other associations.
H. K. Code,
9. 3.
subject to
0vd.36/1153
4.In all cases with respect to which no provision is made by this Enactment, Code, the Rules of Practice for the time being in force in the Supreme the Code, of 6vd. 36/11. §4(1) Court in England/shall be deemed to be in force in the Court, subject to the English their applicability and with such modifications as the circumstances may
require
Q
5. This Code is divided into Parts and Chapters, as follows
Rules of
New.
Arrangement of the Code.
New.
Ovd. 36/14. § 4(2)
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