CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1191
powers of the General Court on hearing.
258. On the hearing, the Court may either discharge the order, make it absolute, or permit further affidavits to be filed in support of or against it, and may modify the terms of the order so as to meet the merits of the case.
H. K. Code, s. 44 (5).
Summons.
259. (1) Any party to an action or other proceeding who desires to ask the Court in Chambers for an order shall file in the Registry a copy of the summons which it is desired should be issued for that purpose.
(2) Such copy shall be signed by the party or by or in the name of his solicitor.
260. The Registrar may thereupon issue a summons, setting forth the nature of the application and ordering the person to whom it is directed to appear at the time and place directed by the Registrar and specified in the summons.
[ib. s. 45 (1), (2).] Forms 25, 26.
Issue of summons.
[ib. s. 45 (3).]
[ib. s. 45 (4).]
261. On the return-day of the summons, if the person to whom the summons is directed appears, or, in his absence, on proof of service of the summons on the person to whom it is directed, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a summary way, and make such order as may be just.
Evidence in Interlocutory Proceedings.
262. The evidence at the hearing of any interlocutory or other application in a cause or matter shall generally be by affidavit.
Form 27.
Taking of evidence by affidavit.
[ib. s. 46 (1).]
Cross-examination of person making affidavit.
263. The Court may, on the application of any party, order the attendance before it for cross-examination of any person making an affidavit.
O.38 r. 1.
264.—(1) The Court may, if it thinks it expedient, summon any person to attend to produce any document before it or to be examined viva voce by or before it, in like manner as at the trial of an action.
(2) Such notice as the Court in each case may think reasonable shall be given to the person summoned and to such persons (being parties to the cause or matter or otherwise interested) as the Court may think fit.
* As amended by No. 50 of 1911.
8.46.]
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CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1191
powers of the
258. On the hearing, the Court may either discharge the order, General or make it absolute, or permit further affidavits to be filed in sup- Court on port of or against it, and may modify the terms of the order so as hearing. to meet the merits of the case.
H. K. Code, s. 44 (5).
Summons.
summons.
259. (1) Any party to an action or other proceeding who Filing of desires to ask the Court in Chambers for an order shall file in the
application for Registry a copy of the summons which it is desired should be issued for that purpose.
(2) Such copy shall be signed by the party or by or in the name of his solicitor.
260. The Registrar may thereupon issue a summons, setting forth the nature of the application and ordering the person to whom it is directed to appear at the time and place directed by the Regis- trar and specified in the summons.
[ib. s. 45 (1), (2).] forms 25, 26.
Issue of [ib. s. 45 (3).]
summons.
[ib. s. 45 (4).]
261. On the return-day of the summons, if the person to whom Proceedings the summons is directed appears, or, in his absence, on proof of
on return-day of summons. service of the summons on the person to whom it is directed, the Court may, on the application of the person obtaining the sum- mons, consider and deal with the application in a summary way, and make such order as may be just.
Evidence in Interlocutory Proceedings.
262. The evidence at the hearing of any interlocutory or other application in a cause or matter shall generally be by affidavit.
form 27.
Taking of evidence by affidavit. [ib. s. 46 (1).]
Cross-
examinat
263. The Court may, on the application of any party, order the attendance before it for cross-examination of any person making an of person affidavit.
making affidavit.
0.38 r. 1.
evidence
264.—(1) The Court may, if it thinks it expedient, summon any Taking of person to attend to produce any document before it or to be vivá voce. examined vivâ você by or before it, in like manner as at the trial of [H. K. Code, an action.
-
(2) Such notice as the Court in each case may think reasonable shall be given to the person summoned and to such persons (being parties to the cause or matter or otherwise interested) as the Court
* As amended by No. 50 of 1911.
8.46.]
*
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