A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
or against any person claiming under such tenant, the writ of summons immovable may, at the option of the plaintiff, be specially indorsed with a statement of his claim or of the relief or remedy to which he claims to be entitled.
21.-(1.) Where the plaintiff's claim is for a debt or liquidated demand only, the indorsement, besides stating the nature of the claim, shall state the amount claimed for debt or in respect of such demand, and for any interest thereon payable by law or under any contract, express or implied, and for costs respectively, and shall further state that, on payment thereof within four days after service, or, in case of a writ not for service within the jurisdiction, within the time allowed for appearance, further proceedings will be stayed.
(2.) The defendant may, notwithstanding such payment, have the costs taxed, and if more than one-sixth shall be disallowed, the plaintiff's solicitor shall pay the costs of taxation.
property..
657
Form No. 2.
Nature of special in-
H. K. Code, s. 13 (1.)
O.3 r. 7.
on default of to specially
appearance
indorsed writ.
H. K. Code, O.13 rr. 3, s. 13 (1.)
22. In default of appearance to a specially indorsed writ, the plaintiff, on satisfying the Court that the writ was duly served, shall be entitled to judgment for any sum not exceeding the sum indorsed on the writ, together with interest at the rate specified, if any, or, if no rate is specified, at the rate for the time being fixed by the Court, to the date of the judgment, and costs, or that the person whose title is asserted in the writ shall recover possession of the immovable property, and costs: Provided that the Court may, nevertheless, on such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits accounting for his non-appearance and disclosing a defence on the merits.
where
23.-(1.) Where the defendant appears to a specially indorsed writ, the plaintiff may, on filing an affidavit made by himself or by any other person who can swear positively to the facts, verifying the cause of action and the amount claimed, if any, and stating that in his belief there is no defence to the action, take out a summons calling upon the defendant to show cause why the plaintiff should not proceed to judgment and execution.
(2.) On the hearing of such summons, the Court shall make such order, and on such terms and conditions, if any, as may be just and proper.
H. K. Code,
(3) If it appears to the Court that any defendant has a good defence to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff may be allowed to proceed to judgment and execution against the latter, without prejudice to his right to proceed with his action against the former.
44A
A.D. 1901.]
ČODE OF CIVIL PROCEDURE.
[No. 3. or against any person claiming under such tenant, the writ of summons immovable may, at the option of the plaintiff, be specially indorsed with a state- 0.3 r. 6. ment of his claim or of the relief or remedy to which he claims to be Schedule: entitled.
21-(1.) Where the plaintiff's claim is for a debt or liquidated demand only, the indorsement, besides stating the nature of the claim, shall state the amount claimed for debt or in respect of such demand, and for any interest thereon payable by law or under any contract, express or implied, and for costs respectively, and shall further state that, on payment thereof within four days after service, or, in case of a writ not for service within the jurisdiction, within the time allowed for appearance, further proceedings will be stayed.
(2.) The defendant may, notwithstanding such payment, have the costs taxed, and if more than one-sixth shall be disallowed, the plaintiff's solicitor shall pay the costs of taxation.
property..
657
Form No. 2.
Nature of special in-
H. K. Code, 8. 13 (1.)
0.3 r. 7.
on default of to specially
appearance
indorsed writ.
H. K. Code, 0.13 rr. 3, 8. 8. 13 (1.)
22. In default of appearance to a specially indorsed writ, the plain- Procedure tiff, on satisfying the Court that the writ was duly served, shall be entitled to judgment for any. sum not exceeding the sum indorsed on the writ, together with interest at the rate specified, if any, or, if no rate is specified, at the rate for the time being fixed by the Court, to the date of the judgment, and costs, or that the person whose title is asserted in the writ shall recover possession of the immovable property, and costs: Provided that the Court may, nevertheless, on such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits accounting for his non- appearance and disclosing a defence on the merits.
.
where
23.-(1.) Where the defendant appears to a specially indorsed writ, Procedure the plaintiff may, on filing an affidavit made by himself or by any other defendant person who can swear positively to the facts, verifying the cause of appears action and the amount claimed, if any, and stating that in his belief indorsed
to specially there is no defence to the action, take out a summons calling upon the writ. defendant to show cause why the plaintiff should not proceed to judge 13 (2.) ment and execution.
(2.) On the hearing of such summons, the Court shall make such order, and on such terms and conditions, if any, as may be just and proper.
H. K. Code,
(3) If it appears to the Court that any defendant has a good defence 0.14 r. 5 to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend,
former may be permitted to defend, and the plaintiff may be allowed to proceed to judgment and execution against the latter, without pre- judice to his right to proceed with his action against the former.
44A
-
1ን
No comments yet.
Private notes are available after approval.