A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
679
case, if it thinks fit, order the costs of the application to be paid as between solicitor and client.
133. Where the circumstances of the case appear to require it, the Court may, on the application of the opposite party or of its own motion, order any party to verify his pleading, or any part thereof, upon oath or by affidavit.
134. Every pleading shall be as brief as the nature of the case will admit, and the Registrar, in taxing the costs of the action, shall at the instance of any party, or may of his own motion, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same.
Statement of Claim.
of pleading. H. K. Code, ss. 24 (9.), 33 (16.)
Costs of prolix pleading.
0. 19 r. 2.
statement of claim.
135.-(1.) After the appearance of the defendant to the action, or in case of his non-appearance, then by leave of the Court, the plaintiff may file in the Registry a statement of his claim and of the relief or remedy required in the action.
(2.) At any time after his appearance to the action, the defendant may give notice in writing to the plaintiff or his solicitor requiring him to file his statement of claim; and the plaintiff shall, unless otherwise ordered by the Court, file his statement of claim within five weeks from the time of his receiving such notice.
H. K. Code, s. 24 (1.) Schedule: Form No. 15. 0. 20 r. 1. (5.), (c)
(3.) In no case where the defendant has appeared shall a statement of claim be filed more than six weeks after the appearance has been entered, unless otherwise ordered by the Court.
16. r. 1 (a.)
136. The statement of claim shall specify the name, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of summons.
Repealed by Ord. 36/4 § 11 and 3) See Ord. 36/11§12
Description of parties. H. K. Code, s. 24 (1.)
137. The statement of claim may alter, modify, or extend the plaintiff's claim without any amendment of the indorsement of the writ of summons.
Claim beyond indorsement on writ
0. 20 r. 4.
prayer for relief.
138.-(1.) The statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief, which may always be given, as the Court may think just, to the same extent as if it had been asked for.
(2.) The same rule shall apply to any relief claimed by the defendant in his statement of defence and to any counterclaim made by him.
0. 16. r. 6.
A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
679
case, if it thinks fit, order the costs of the application to be paid as between solicitor and client.
133. Where the circumstances of the case appear to require it, the Verification Court may, on the application of the opposite party or of its own motion, order any party to verify his pleading, or any part thereof, upon oath or by affidavit.
134. Every pleading shall be as brief as the nature of the case will admit, and the Registrar, in taxing the costs of the action, shall at the instance of any party, or may of his own motion, inquire into any un- necessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same.
Statement of Claim.
of pleading. H. Gode,
K. ss. 24 (9.), 33 (16.)
Costs of prolix plead-
ing,
0.19 r. 2.
statement of
135.-(1.) After the appearance of the defendant to the action, or Filing of in case of his non-appearance, then by leave of the Court, the plaintiff may file in the Registry a statement of his claim and of the relief or remedy required in the action.
(2.) At any time after his appearance to the action, the defendant may give notice in writing to the plaintiff or his solicitor requiring him to file his statement of claim; and the plaintiff shall, unless otherwise ordered by the Court, file his statement of claim within five weeks from the time of his receiving such notice.
H. K. Code,
8. 24 (1.) Schedule:
Form No. 15. 0. 20 r. 1. (5.),
(c)
(3.) In no cage where the defendant has appeared shall a statement 16. r. 1 (a.) of claim be filed more than six weeks after the appearance has been en- tered, unless otherwise ordered by the Court.
136. The statement of claim shall specify the name, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of summons.
Repeated by
012 36/4 § 11
and
3) See Ord. 36/11512
Description
of parties. H. K. Code,
s. 24 (1.)
137. The statement of claim may alter, modify, or extend the plain- Claim beyond tiff's claim without any amendment of the indorsement of the writ of
summons.
indorsement
on writ
0. 20 r. 4.
prayer for
138.-(1.) The statement of claim shall state specifically the relief. Mode of which the plaintiff claims, either simply or in the alternative, and it stating shall not be necessary to ask for general or other relief, which may relief. always be given, as the Court may think just, to the same extent as if 16. r. 6.
it had been asked for.
(2.) The same rule shall apply to any relief claimed by the defendant in his statement of defence and to any counterclaim made by him.
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