D 1901.
CODE OF CIVIL PROCEDURE.
[No. 3.
ORDER.
687
No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby; and the Court may make binding declarations of right whether any judgment or consequential relief is or could be claimed or not. O.25 r. 5.
CHAPTER V.
AMENDMENT.
Amendment of indorsement, etc.
178. The Court may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleading or particulars, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. O.28 r. 1.
179. Application for leave to amend may be made by either party to the Court, and such amendment may be allowed on such terms as to costs or otherwise as may be just.
180. The statement of claim may be amended at any time before the statement of defence has been filed, by leave of the Court obtained ex parte. Ib. r. 6.
Right of amendment ex parte. H. K. Code, s.. 32 (5.) 1
Amendment of statement of claim after defence.
181. Where the plaintiff considers the contents of the statement of defence to be such as to render an amendment of the statement of claim necessary or desirable, he may obtain ex parte an order to amend the statement of claim, on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but is considered to be material for the plaintiff's case.
182. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or, if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the Court.
183. Whenever any indorsement, pleading, or particulars is or are amended, the same when amended shall be marked with the date of the order, if any, under which the same is or are so amended, and of the day on which such amendment is made, in manner following, viz.,
Amended the day of , 19 , pursuant to order dated the day of , 19.
Ib. s. 39 (2.)
Failure to amend after order... Date of order and date of amendment to be marked. O.28 r. 9.
184. Whenever any indorsement, pleading, or particulars is or are amended, such amended document shall be filed within the time allowed for service of...
46
D 1901.
CODE OF CIVIL PROCEDURE.
[No. 3.
order.
687
No action or other proceeding shall be open to objection on the Declaratory ound that a merely declaratory judgment or order is sought thereby; Judgme nd the Court may make binding declarations of right whether any 0.25 r. 5.
judgment or consequential relief is or could be claimed or not.
CHAPTER V.
AMENDMENT.
of indorse- ment, etc.
178. The Court may, at any stage of the proceedings, allow either Amendment arty to alter or amend his indorsement or pleading or particulars, in such manner and on such terms as may be just, and all such amend- 0.28 r. 1. ments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
179. Application for leave to amend may be made by either party to Application the Court, and such amendment may be allowed on such terms as to costs or otherwise as may be just.
180. The statement of claim may be amended at any time before the statement of defence has been filed, by leave of the Court obtained
parte.
for leave to amend. Ib. r. 6.
Right of amendment
ex parte. H. K. Code, 8.. 32 (5.) 1
of statement of claim after
defence.
181. Where the plaintiff considers the contents of the statement of Amendment defence to be such as to render an amendment of the statement of claim necessary or desirable, he may obtain ex parte an order to amend the statement of claim, on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but is considered to be material for the plaintiff's case.
182. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or, if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the Court.
183. Whenever any indorsement, pleading, or particulars is or are amended, the same when amended shall be marked with the date of the order, if any, under which the same is or are so amended, and of the day on which such amendment is made, in manner following, viz.,
Amended the
dated the
day of day of
19
>
, pursuant to order of ; 19.
Ib. 8. 39 (2.)
Failure to amend after 0.28 r. 7.
order...
Date of order and date of to be marked.
amendment
b. r. 9.
184. Whenever any indorsement, pleading, or particulars is or are Filing and amended, such amended document shall be filed within the time allowed service of?
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