CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1165
(2) If, in any such case, the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.
of law.
130. Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied, as, for example, consideration for a bill of exchange, where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim.
131. No technical objection shall be raised to any pleading on the ground of any alleged want of form.
objection. ib. r. 26.
132. The Court may, at any stage of the proceedings, order to be struck out or amended any matter in any indorsement or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass, or delay the fair trial of the action; and may in any such case, if it thinks fit, order the costs of the application to be paid as between solicitor and client.
[s. 133, rep. No. 36 of 1911.]
ib. r. 27.
134. Every pleading shall be as brief as the nature of the case will admit, and the Registrar, in taxing the costs of the action, shall, at the instance of any party, or may of his own motion, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same.
Statement of Claim.
135.-(1) After the appearance of the defendant to the action, or in case of his non-appearance, then by leave of the Court, the plaintiff may file in the Registry a statement of his claim and of the relief or remedy required in the action.
H. K. Code, s. 24 (1). form 15.
(2) At any time after his appearance to the action, the defendant may give notice in writing to the plaintiff or his solicitor requiring him to file his statement of claim; and the plaintiff shall, unless otherwise ordered by the Court, file his statement of claim within 5 weeks from the time of his receiving such notice.
O. 20, r. 1 (b), (c).
(3) Where leave to defend is given under section 23 or 24, it shall not be necessary to file a further statement of claim, unless otherwise ordered at the hearing of the summons for judgment.
* As amended by No. 36 of 1911.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1165
(2) If, in any such case, the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.
of law.
130. Neither party need in any pleading allege any matter of fact Presumption which the law presumes in his favour or as to which the burden of 0.197.25. proof lies upon the other side, unless the same has first been specifically denied, as, for example, consideration for a bill of ex- change, where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim.
131. No technical objection shall be raised to any pleading on the Technical ground of any alleged want of form.
objection. ib. r. 26.
132. The Court may, at any stage of the proceedings, order to be Striking out struck out or amended any matter in any indorsement or pleading or amending which may be unnecessary or scandalous or which may tend to ib.7. 27.
of pleading.
prejudice, embarrass, or delay the fair trial of the action; and may in any such case, if it thinks fit, order the costs of the application to be paid as between solicitor and client.
[s. 133, rep. No. 36 of 1911.]
ib. T.
T. 2.
134. Every pleading shall be as brief as the nature of the case Costs of pro- will admit, and the Registrar, in taxing the costs of the action, shall lix pleading. at the instance of any party, or may of his own motion, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same.
Statement of Claim.
135.-(1) After the appearance of the defendant to the action, or Filing of in case of his non-appearance, then by leave of the Court, statement of
the claim. plaintiff may file in the Registry a statement of his claim and of the H. K. Code, relief or remedy required in the action.
s. 24 (1). form 15.
(2) At any time after his appearance to the action, the defend- 0.20, r. 1 ant may give notice in writing to the plaintiff or his solicitor requir-
(b), (c). ing him to file his statement of claim; and the plaintiff shall, unless otherwise ordered by the Court, file his statement of claim within 5 weeks from the time of his receiving such notice.
(3) Where leave to defend is given under section 23 or 24, it shall not be necessary to file a further statement of claim, unless other- wise ordered at the hearing of the summons for judgment.
* As amended by No. 36 of 1911.
No comments yet.
Private notes are available after approval.