708
No. 3.]
Adjournment
for further service.
H. K. Code, s. 61 (4.) Procedure where no statement of defence filed. Ib. s. 33 (3.) Trial ex parte Ib. s. 61 (5.) Re-trial of cause for absent defendant in certain cases. Ib. s. 61 (6.) Procedure where cause struck out for absence of plaintiff. Ib. s. 61 (7.) New.
Default of appearance
THE ORDINANCES OF HONGKONG: [A.D. 1901.
299. If it is not satisfied as to the service on every party, the Court shall direct such further service to be made as it may think fit, and shall adjourn the trial of the cause for that purpose.
300. Where the defendant does not file a statement of defence, the plaintiff at the trial must open his case, and adduce evidence in support of it, and take such judgment as to the Court may seem just, and the defendant shall not be entitled to be heard at the trial, without the special leave of the Court, and then only to such extent and in such manner as the Court may permit.
301. If it is satisfied that the defendant has been duly served with the writ of summons, the statement of claim, and notice of trial, the Court may proceed to try the cause notwithstanding the absence of the defendant, and may, on the evidence adduced by the plaintiff, give such judgment as may seem just. The Court, however, shall not be bound to do so, but may, if it thinks fit, order the trial to stand over to a further day, on such terms as may seem just, and direct fresh notice to be given to the defendant.
302. In any case where the plaintiff has obtained leave to proceed for want of appearance to the writ of summons, and in all other cases where the Court tries a cause and judgment is given in the absence of and against any defendant, the Court may afterwards, if it thinks fit, on such terms as may seem just, set aside the judgment and re-try the cause, on its being established by evidence upon oath, to the satisfaction of the Court, that the defendant's absence was not wilful and that he has a defence on the merits.
303.-(1.) Where a cause has been struck out of the trial paper by reason of the absence of the plaintiff, the Court may, on the application of the defendant, made within seven days after such striking out, make an order on the plaintiff to show cause why a day should not be fixed for the peremptory trial of the cause; and, on the return to that order, if no sufficient cause is shown, the Court shall fix a day accordingly, with such notice of trial and on such other terms as may seem just.
(2.) If no such application is made, the cause may be restored, with leave of the Court.
(3.) On such leave being obtained, the cause shall be set down again at the bottom of the general trial list, and be transferred in its regular turn to the trial paper.
304. Where a cause has been once struck out, and has been a second time set down, and has come into the trial paper, and on the day fixed for the trial the plaintiff, having received due notice thereof, fails to
708
No. 3.]
Adjourn-
ment
for further service.
H. K. Code, 8. 61 (4.) Procedure where no
statement of defence filed. Ib. s. 33 (3.)
Trial ex parte Ib. s. 61 (5.)
Re-trial of cause for absent de- fendant in certain cases. Ib. s. 61 (6.)
Procedure where cause struck out for absence of plaintiff.
Ib. s. 61 (7.) New.
Default of appearance
THE ORDINANCES OF HONGKONG: [A.D. 1901. 299. If it is not satisfied as to the service on every party, the Com shall direct such further service to be made as it may think fit, and shal adjourn the trial of the cause for that purpose.
300. Where the defendant does not file a statement of defence, the plaintiff at the trial must open his case, and adduce evidence in suppor of it, and take such judgment as to the Court may seem just, and the defendant shall not be entitled to be heard at the trial, without th special leave of the Court, and then only to such extent and in such manner as the Court may permit.
301. If it is satisfied that the defendant has been duly served with the writ of summons, the statement of claim, and notice of trial, the Cour may proceed to try the cause notwithstanding the absence of the defent dant, and may, on the evidence adduced by the plaintiff, give such judgment as may seem just. The Court, however, shall not be bound to do so, but may, if it thinks fit, order the trial to stand over to a further day, on such terms as may seem just, and direct fresh notice to be given to the defendant,
302. In any case where the plaintiff has obtained leave to parte for want of appearance to the writ of summons, and in all other
proceed cases where the Court tries a cause and judgment is given in the absence of and against any defendant, the Court may afterwards, if it thinks fit, on such terms as may seem just, set aside the judgment and re-try the cause, on its being established by evidence upon oath, to the satisfaction of the Court, that the defendant's absence was not wilful and that he has a defence on the merits.
303.-(1.) Where a cause has been struck out of the trial paper reason of the absence of the plaintiff, the Court may, on the application by of the defendant, made within seven days after such striking out, make an order on the plaintiff to show cause why a day should not be fixed for the
peremptory trial of the cause; and, on the return to that order, if no sufficient cause is shown, the Court shall fix a day accordingly, with such notice of trial and on such other terms as may seem just.
(2.) If no such application is made, the cause may be restored, with leave of the Court.
(3.) On such leave being obtained, the cause shall be set down again at the bottom of the general trial list, and be transferred in its regular turn to the trial paper.
304: Where a cause has been once struck out, and has been a second by plaintiff a
time set down, and has come into the trial paper, and on the day fixed second time. for the trial the plaintiff, having received due notice thereof, fails to
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