686
0.24 r. 1.
Pleading matter arising after
statement of defence or reply.
Ib, r. 2.
Confession of defence founded on matter arising pending the action.
Ib. r. 3.
Abolition of demurrer. 0. 25 r. 1.
Right of party to raise point of law by pleading, and procedure thereon. Ib. r. 2. Schedule: Form No. 19.
Dismissal of action, etc., on point of law. Ib. r. 3.
Striking out pleading where no reasonable cause of action disclosed, etc. Ib. r. 4.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 190
(2.) If, after a statement of defence has been filed, any ground of defence arises to any set-off alleged therein by the defendant, it may be raised by the plaintiff in his reply, if any, either alone or together with any other ground of reply.
171. Where any ground of defence arises after the defendant has filed his statement of defence or after the time limited for his doing so has expired, the defendant may, and where any ground of defence to any set-off or counterclaim arises after reply, if any, or after the time limited for filing a reply, if any, has expired, the plaintiff may, within eight days after such ground of defence has arisen or at any subsequent time by leave of the Court, file a further statement of defence or further reply, as the case may be, setting forth the same.
172. Where the defendant, in his statement of defence or in a further statement of defence as in the last preceding section mentioned, alleges any ground of defence which has arisen after the commencement of the action, the plaintiff may file a confession of such defence, and may thereupon sign judgment for his costs up to the time of the pleading of such defence, unless the Court, either before or after the filing of such confession, otherwise orders.
Proceedings in lieu of Demurrer.
173. No demurrer shall be allowed in any action or other proceeding.
174. Any party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the Court at or after the trial, provided that, by consent of the parties or by order of the Court on the application of any party, the same may be set down for hearing and disposed of at any time before the trial.
175. If, in the opinion of the Court, the decision of such point of law substantially disposes of the whole action or of any distinct cause of action, ground of defence, set-off, counterclaim, or reply therein, the Court may thereupon dismiss the action or make such other order therein as may be just.
176. The Court may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or defence, and in any such case, or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.
Page 35
Page 36
686
0.24 r. 1.
Pleading matter aris- ing after
statement of
defence or reply.
Ib, r. 2.
Confession of defence founded on matter aris- ing pending the action.
· Ib. x. 3.
Abolition of demurrer. 0. 25 r. 1.
Right of
party to raise point of law by pleading,
and
proce-
dure thereon. Ib. 1. 2. Schedule: Form No. 19.
Dismissal of action, etc., on point of law. Ib. r. 3.
Striking out pleading where no reasonable cause of
action dis- closed, etc. Ib. г.4.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 190
(2.) If, after a statement of defence has been filed, any ground defence arises to any set-off alleged therein by the defendant, it may raised by the plaintiff in his reply, if any, either alone or together any other ground of reply.
171. Where any ground of defence arises after the defendant h filed his statement of defence or after the time limited for his doing has expired, the defendant may, and where any ground of defence to any set-off or counterclaim arises after reply, if any, or after the tim limited for filing a reply, if any, has expired, the plaintiff may, with eight days after such ground of defence has arisen or at any subsequen time by leave of the Court, file a further statement of defence or furthe reply, as the case may be, setting forth the same.
172. Where the defendant, in his statement of defence or in a ther statement of defence as in the last preceding section mentioned alleges any ground of defence which has arisen after the commencement of the action, the plaintiff may file a confession of such defence, and may thereupon sign judgment for his costs up to the time of the plead ing of such defence, unless the Court, either before or after the filin of such confession, otherwise orders.
Proceedings in lieu of Demurrer.
173. No demurrer shall be allowed in any action or other pro ceeding.
poin
174. Any party shall be entitled to raise by his pleading any of law, and any point so raised shall be disposed of by the Court at or after the trial, provided that, by consent of the parties or by order the Court on the application of any party, the same may be set down for hearing and disposed of at any time before the trial.
175. If, in the opinion of the Court, the decision of such point of law substantially disposes of the whole action or of any distinct cause of action, ground of defence, set-off, counterclaim, or reply therein, the Court may thereupon dismiss the action or make such other order there in as may be just.
176. The Court may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or defence, and any such case, or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court may order the action to be stayed or dismissed, or judgment to be entered accordingly, may be just.
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