1148
No. 3 of 1901.
Subsequent appearance.
H. K. Code, s. 12 (2).
Trial ex parte.
ib. s. 12 (3).
*
Procedure on default of appearance
CODE OF CIVIL PROCEDURE.
51. If the defendant enters an appearance at any time before the trial of the action, he may, on such terms as the Court may direct as to the payment of costs or otherwise, be heard in answer to the action, in like manner as if he had duly entered an appearance within the time limited as aforesaid.
52. When the cause has been called on, the Court may proceed to try it ex parte, and may, on the evidence adduced by the plaintiff give such judgment as may appear to be just.
53. Where a defendant or respondent to an originating summons fails to appear within the time limited in that behalf, the plaintiff or applicant may apply to the Court for an appointment for the hearing of the summons, and, on being satisfied that no appearance has been entered, the Court shall appoint a time for the hearing of the summons, on such conditions, if any, as it may think fit.
summons.
O. 13 r. 15.
General rules of persons as plaintiffs. O. 16 r. 1.
CHAPTER II.
PARTIES.
Parties in General.
54. All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where if such persons brought separate actions any common question of law or fact would arise; and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment : Provided that if, on the application of any defendant, it appears that such joinder may embarrass or delay the trial of the action, the Court may order separate trials or make such other order as may be expedient. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who is not found to be entitled to relief, unless the Court in disposing of the costs otherwise directs.
Case of action commenced in name of wrong plaintiff.
ib. r. 2.
55. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court may,
* As amended by No. 36 of 1911.
1
1148
No. 3 of 1901.
Subsequent appearance.
H. K. Code, s. 12 (2).
Trial
ex parte.
ib. s. 12 (3).
*
Procedure on default of
appearance
CODE OF CIVIL PROCEDURE.
51. If the defendant enters an appearance at any time before the trial of the action, he may, on such terms as the Court may direct as to the payment of costs or otherwise, be heard in answer to the action, in like manner as if he had duly entered an appearance within the time limited as aforesaid.
52. When the cause had been called on, the Court may proceed to try it ex parte, and may, on the evidence adduced by the plaintiff give such judgment as may appear to be just.
53. Where a defendant or respondent to an originating summons fails to appear within the time limited in that behalf, the plaintiff to originating or applicant may apply to the Court for an appointment for the hearing of the summons, and, on being satisfied that no appearance has been entered, the Court shall appoint a time for the hearing of the summons, on such conditions, if any, as it may think fit.
suminons.
0. 13 r. 15.
General rules
of persons as
plaintiffs. 0. 16 r. 1.
CHAPTER II.
PARTIES.
Parties in General.
54. All persons may be joined in one action as plaintiffs, in as to joinder whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where if such persons brought separate actions any common question of law or fact would arise; and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment : Pro- vided that if, on the application of any defendant, it appears that such joinder may embarrass or delay the trial of the action, the Court may order separate trials or make such other order as may be expedient. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who is not found to be entitled to relief, unless the Court in disposing of the costs otherwise directs.
Case of action commenced in name of
wrong plaintiff.
ib. r. 2.
55. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court may,
* As amended by No. 36 of 1911.
1
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