674
No. 3.]
Procedure where plaintiff or defendant dies, and person entitled to proceed fails to do so.
THE ORDINANCES OF HONGKONG: [A.D. 1901, No. 3.]
100. When the plaintiff or defendant in a cause or matter dies, and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant (or the person against whom the cause or matter may be continued) may apply by summons to compel the plaintiff (or the person entitled to proceed) to proceed within such time as may be ordered; and, in default of such proceeding, judgment may be entered for the defendant or, as the case may be, for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by section 390.
O. 17 r. 8.
Entry of abatement, etc., in Cause-Book.
101. Where any cause or matter becomes abated or in the case of any such change of interest as is in this Chapter provided for, the solicitor for the plaintiff or the person having the conduct of the cause or matter, as the case may be, shall certify the fact to the Registrar, who shall cause an entry thereof to be made in the Cause-Book opposite to the name of such cause or matter.
Ib. r. 9.
Striking out of cause abated, etc., for a year.
Ib. r. 10.
General rule as to joinder in one action of several causes of action.
O. 18 r. 1.
Rule as to joinder of other causes of action with action for recovery of immovable property.
Ib. r. 2.
102. Where any cause or matter has been standing for one year in the Cause-Book marked as "abated," or standing over generally, such cause or matter at the expiration of the year shall be struck out of the Cause-Book.
CHAPTER III.
JOINDER OF CAUSES OF ACTION.
103. Subject to the following sections of this Chapter, the plaintiff may unite in the same action several causes of action, but if it appears to the Court that any such causes of action cannot be conveniently tried or disposed of together, the Court may order separate trials of any such causes of action to be had or may make such other order as may be necessary or expedient for the separate disposal thereof.
104. No cause of action shall, except by leave of the Court, be joined with an action for the recovery of immovable property, except claims in respect of mesne profits, or arrears of rent, or double value in respect of the premises claimed or any part thereof, and damages for breach of any contract under which the same or any part thereof are held or for any wrong or injury to the premises claimed: Provided that nothing in this Chapter shall prevent any plaintiff in an action for foreclosure or redemption from asking for or obtaining an order against the defendant for delivery of the mortgaged property to the plaintiff on or after the order absolute for foreclosure or redemption, as the case may be, and such an action for foreclosure or redemption and for such delivery of possession shall not be deemed an action for the recovery of immovable property.
674
No. 3.]
Procedure where
plaintiff or defendant dies, and
person enti-
THE ORDINANCES OF HONGKONG: [A.D. 1901, 100. When the plaintiff or defendant in a cause or matter dies, and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant (or the person against whom the cause or matter may be continued) may apply by summons to compel the plaintiff (or) tled to proceed the person entitled to proceed) to proceed within such time as may be ordered; and, in default of such proceeding, judgment may be entered for the defendant or, as the case may be, for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by section 390.
fails to do so. 0. 17 r. 8.
Entry of abatement, etc., in
101. Where any cause or matter becomes abated or in the case of any such change of interest as is in this Chapter provided for, the solicitor Cause-Book. for the plaintiff or the person having the conduct of the cause or matter, as the case may be, shall certify the fact to the Registrar, who shall cause an entry thereof to be made in the Cause-Book opposite to the name of such cause or matter.
Ib. r. 9.
Striking out of cause abated, etc.,
for a year. Ib. r. 10,
General rule as to joinder in one action
• of several causes of
· action.
0.18 r. 1.
Rule as to joinder of other causes of action with action
for recovery of immov-
able property. Ib. x..2..
102, Where any cause or matter has been standing for one year in the Cause-Book marked as "abated," or standing over generally, such cause or matter at the expiration of the year shall be struck out of the Cause-Book.
CHAPTER III.
JOINDER OF CAUSES OF ACTION.
103. Subject to the following sections of this Chapter, the plaintiff may unite in the same action several causes of action, but if it appears to the Court that any such causes of action cannot be conveniently tried or disposed of together, the Court may order separate trials of any such causes of action to be had or may make such other order as may of be necessary or expedient for the separate disposal thereof.
104. No cause of action shall, except by leave of the Court, be joined with an action for the recovery of immovable property, except claims in respect of mesne profits, or arrears of rent, or double value in respect of the premises claimed or any part thereof, and damages for breach of any contract under which the same or any part thereof are held or for any wrong or injury to the premises claimed: Provided that nothing in this Chapter shall prevent any plaintiff in an action for foreclosure or redemption from asking for or obtaining an order against the defendant for delivery of the mortgaged property to the plaintiff on or after the order absolute for foreclosure or redemption, as the case may such an action for foreclosure or redemption and for such delivery of be, and possession shall not be deemed an action for the recovery of immovable
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