1174
Striking out pleading where no reasonable cause of action disclosed, etc. 0.25 r. 4.
Declaratory judgment or order. ib. r. 5.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
176. The Court may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or defence, and in any such case, or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.
177. No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby; and the Court may make binding declarations of right whether any consequential relief is or could be claimed or not.
Amendment of indorsement, etc. 0.28 r. 1.
Application for leave to amend. ib. r. 6.
Right of amendment ex parte. H. K. Code, s. 32 (5).
Amendment of statement of claim after defence.
CHAPTER V.
AMENDMENT.
178. The Court may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleading or particulars, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
179. Application for leave to amend may be made by either party to the Court, and such amendment may be allowed on such terms as to costs or otherwise as may be just.
180. The statement of claim may be amended at any time before the statement of defence has been filed, by leave of the Court obtained ex parte.
181. Where the plaintiff considers the contents of the statement of defence to be such as to render an amendment of the statement of claim necessary or desirable, he may obtain ex parte an order to amend the statement of claim, on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but is considered to be material for the plaintiff's case. [ib. s. 39 (2).]
Failure to amend after order. 0.28 r. 7.
182. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or, if no time is thereby limited, then within 14 days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid or of such 14 days, as the case may be, become ipso facto void, unless the time is extended by the Court.
1174
Striking out pleading where no reasonable cause of action dis- closed, etc. 0.25 r. 4.
Declaratory judgment or order. ib. r. 5.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
176. The Court may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or defence, and in any such case, or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.
177. No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby; and the Court may make binding declarations of right whether any consequential relief is or could be claimed or not.
Amendment
of indorse-
ment, etc.
0.28 r. 1.
Application
for leave to
amend. ib. r. 6.
Right of amendment ex parte. H. K. Code, s. 32 (5).
Amendment of statement
of clain after defence.
CHAPTER V.
AMENDMENT.
178. The Court may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleading or particulars, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
179. Application for leave to amend may be made by either party to the Court, and such amendment may be allowed on such terms as to costs or otherwise as may be just.
180. The statement of claim may be amended at any time before the statement of defence has been filed, by leave of the Court obtained ex parte.
181. Where the plaintiff considers the contents of the statement of defence to be such as to render an amendment of the statement of claim necessary or desirable, he may obtain ex parte an order to [ib. s. 39 (2).]
amend the statement of claim, on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but is considered to be materiai for the plaintiff's case.
Failure.to amend after order. 0.28 r. 7.
182. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or, if no time is thereby limited, then within 14 days from the date of the order, such order to amend shall, on the expira- tion of such limited time as aforesaid or of such 14 days, as the case may be, become ipso facto void, unless the time is extended by the Court.
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