1912_CODE_OF_CIVIL_PROCEDURE — Page 64

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1195

setting down

H. K. Code, s. 48 (3).

defendant.

279. An order to set down the cause for trial may be made on the Order for application of the defendant, if it appears to the Court, having re- on applica- gard to the state of the pleadings, that the cause is ready to be tried, tion of and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff has no reasonable excuse (such as the absence or illness of a material wit- ness), and that the defendant is prejudiced, or may reasonably be expected to be prejudiced, by such delay.

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Postponement of Trial.

*

power to postpone

280.-(1) The Court may at any time, on a summons taken out General by any party thereto, postpone the trial of a cause set down, on being satisfied by evidence, upon oath that the postponement will trial of cause have the effect of better ensuring the trial and determination on the (1).] merits of the questions in issue between the parties.

(2) The postponement may be for such time and on such terms, if any, as the Court may think fit.

[ib. s. 50

0.36 r. 34.

281. Where any such application is made on the ground of the Application absence from the Colony of a witness, the Court shall require to be ment for

for postpone- satisfied that his evidence is material and that he is likely to return absent to the Colony and give evidence within a reasonable time..

witness. H. K. Code, s. 50 (2).

witness out

282. Where any such application is made for the purpose of Application enabling the party applying to obtain the evidence of a witness ment for

for postpone- resident out of the jurisdiction, the Court shall require to be satisfied evidence of that the evidence of the witness is material, and that he is per- of jurisdic- manently residing out of the jurisdiction or does not intend to come within the jurisdiction within a reasonable time.

General Trial List and Trial Paper.

tion. [ib. s. 50 (3).]

283. There shall be kept by the Registrar a general trial list of Keeping of causes and a trial paper.

general trial list and trial paper. [ib. s. 51 (1).]

cause from

234.-(1) When a cause is set down for trial it shall be placed in Transfer of the general trial list, and shall be transferred to the trial paper general trial strictly in its order, according as the general trial list becomes list to trial exhausted.

paper. [ib. s. 51 (2), (3).]

(2) The regular order shall in no case be departed from without the special direction of the Court.

* As amended by No. 2 of 1912.