1194
Date of order when drawn up.
0.52 r. 13.
Operation of notice of No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
administrator, or trustee, the conduct of such sale shall be given to such executor, administrator, or trustee, unless the Court otherwise directs.
274. Every order, when drawn up, shall be dated the day of the week, month, and year on which it was made, unless the Court otherwise directs, and shall take effect accordingly.
Stay of Proceedings.
275. No notice of motion or summons shall operate as a stay of proceedings, except by direction or order of the Court, and in such case it shall so operate from the time of the service thereof on the opposite party.
as stay of proceedings. H. K. Code, s. 47 (1).
Application to dismiss action for want of prosecution. [ib. s. 49.] 0.27 r. 1.
Dismissal of Action for Want of Prosecution.
276. (1) If the plaintiff,-
(a) being bound to file a statement of claim, does not file and serve the same within the time allowed for that purpose; or
(b) does not obtain an order for setting down the cause for trial within one month from the time at which he might first apply for such an order,
the defendant may apply by summons for an order to dismiss the action for want of prosecution.
(2) On such application, the Court may, if it thinks fit, make an order dismissing the action, or may make such other order and on such terms as to the Court may seem just.
Order for setting down. H. K. Code, s. 48 (1).
* Order for setting down on application of plaintiff. [ib. s. 48 (2).]
CHAPTER XI.
PRELIMINARIES OF TRIAL.
Setting down Cause for Trial.
277. No cause shall be set down for trial without an order of the Court obtained on summons.
278. At the expiration of the time allowed for filing a statement of defence, and whether such statement has been filed or not, the Court may, on the application of the plaintiff, order the cause to be set down for trial.
* As amended by No. 1 of 1912.
1194
Date of order when drawn
up.
0.52 r. 13.
Operation
of notice of
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
administrator, or trustee, the conduct of such sale shall be given to such executor, administrator, or trustee, unless the Court otherwise directs.
274. Every order, when drawn up, shall be dated the day of the week, month, and year on which it was made, unless the Court otherwise directs, and shall take effect accordingly.
Stay of Proceedings.
275. -No notice of motion or summons shall operate as a stay of motion, etc., proceedings, except by direction or order of the Court, and in such case it shall so operate from the time of the service thereof on the opposite party.
as stay of proceedings. H. K. Code,
s. 47 (1).
Application
to dismiss action for want of pro- secution.
[ib. s. 49.] 0.27 r. 1.
Dismissal of Action for Want of Prosecution.
276. (1) If the plaintiff,-
(a) being bound to file a statement of claim, does not file and serve the same within the time allowed for that purpose; or
(b) does not obtain an order for setting down the cause for trial within one month from the time at which he might first apply for such an order,
the defendant may apply by summons for an order to dismiss the action for want of prosecution.
(2) On such application, the Court may, if it thinks fit, make an order dismissing the action, or may make such other order and on such terms as to the Court may seem just.
Order for setting down.
H. K. Code,
8. 48 (1).
*
Order for
setting down on applica- tion of
plaintiff.
[ib. s. 48 (2).]
CHAPTER XI.
PRELIMINARIES OF TRIAL.
Setting down Cause for Trial.
277. No cause shall be set down for trial without an order of the Court obtained on summons.
278. At the expiration of the time allowed for filing a statement of defence, and whether such statement has been filed or not, the Court may, on the application of the plaintiff, order the cause to be set down for trial.
* As amended by No. 1 of 1912.
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