1166
No. 3 of 1901.
Description of parties.
H. K. Code, s. 24 (1).
Claim beyond indorsement on writ. O.20 r. 4.
Mode of stating prayer for relief. id. r. 6.
Mode of stating distinct claims. ib. r. 7.
Service of statement of claim on defendant who has appeared.
H. K. Code, s. 29 (1).
Power to order service forthwith where writ to
CODE OF CIVIL PROCEDURE.
136. The statement of claim shall specify the name, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of summons.
137. The statement of claim may alter, modify, or extend the plaintiff's claim without any amendment of the indorsement of the writ of summons.
138.-(1) The statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief, which may always be given, as the Court may think just, to the same extent as if it had been asked for.
(2) The same rule shall apply to any relief claimed by the defendant in his statement of defence and to any counterclaim made by him.
139. (1) Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly.
(2) The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counterclaim founded upon separate and distinct facts.
Service of Statement of Claim:
140. After the filing of the statement of claim, the plaintiff shall forthwith cause a copy thereof under the seal of the Court to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to file a statement of defence to the statement of claim within 3 weeks from the day of such service, or, in a case of service out of the jurisdiction, within such time as the Court may have ordered: Provided that no such service of the statement of claim shall be required to be made on any defendant who has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the Court to proceed with his action ex parte.
141. Where service of the writ of summons is directed to be made out of the jurisdiction, the Court may order that the statement of claim be filed forthwith and that a copy thereof under the seal of the Court be served on the defendant concurrently with the writ. [ib. s. 29 (2).]
be served out of jurisdiction.
Page 35
Page 36
1166
No. 3 of 1901.
Description
of parties.
H. K. Code, s. 24 (1).
Claim beyond indorsement
on writ. 0.20 r. 4.
Mode of stating
prayer for
relief.
id. r. 6.
Mode of stating dis- tinct claims. ib. r. 7.
Service of
statement of claim on defendant
who has appeared.
H. K. Code, s. 29 (1).
Power to order service forthwith
where writ to
CODE OF CIVIL PROCEDURE.
136. The statement of claim shall specify the name, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of summons.
137. The statement of claim may alter, modify, or extend the plaintiff's claim without any amendment of the indorsement of the writ of summons.
138.-(1) The statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief, which may always be given, as the Court may think just, to the same extent as if it had been asked for.
(2) The same rule shall apply to any relief claimed by the de- fendant in his statement of defence and to any counterclaim made by him.
139. (1) Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly.
(2) The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counterclaim founded upon separate and distinct facts.
Service of Statement of Claim:
140. After the filing of the statement of claim, the plaintiff shall forthwith cause a copy thereof under the seal of the Court to be served on the defendant, and such copy shall contain a me- morandum indorsed thereon requiring the defendant to file a statement of defence to the statement of claim within 3 weeks from the day of such service, or, in a case of service out of the jurisdiction, within such time as the Court may have ordered: Provided that no such service of the statement of claim shall be required to be made on any defendant who has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the Court to proceed with his action ex parte.
141. Where service of the writ of summons is directed to be made out of the jurisdiction, the Court may order that the state- ment of claim be filed forthwith and that a copy thereof under the seal of the Court be served on the defendant concurrently with the writ. [ib. s. 29 (2).]
be served out of jurisdic- tion.
Page 35Page 36
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