1912_CODE_OF_CIVIL_PROCEDURE — Page 68

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1199

striking out, make an order on the plaintiff to show cause why a day should not be fixed for the peremptory trial of the cause; and, on the return to that order, if no sufficient cause is shown, the Court shall fix a day accordingly, with such notice of trial and on such other terms as may seem just.

(2) If no such application is made, the cause may be restored, with leave of the Court.

(3) On such leave being obtained, the cause shall be set down again at the bottom of the general trial list, and be transferred in its regular turn to the trial paper.

appearance

on by plaintiff a second time.

H. K. Code, s. 61 (8).

304. Where a cause has been once struck out, and has been a Default of second time set down, and has come into the trial

and paper, the day fixed for the trial the plaintiff, having received due notice thereof, fails to appear when the cause is called on, the defendant shall be entitled to judgment dismissing the action, but if he has 0.36 r. 32. a counterclaim, then he may prove such counterclaim so far as the burden of proof lies upon him.

Order of Proceedings at Trial.

305. The order of proceedings at the trial of a cause shall General be as follows :-

order of pro- ceedings at trial of cause.

(1) the plaintiff shall read the pleadings or state the substance H. K. Code, thereof, as the Court may direct;

s. 62 (1)-(10).

(2) the party upon whom the burden of proof lies shall begin; he shall address the Court and open his case;

(3) the party beginning shall then produce his evidence and examine his witnesses in chief;

(4) when the party beginning has concluded his evidence, he shall ask the other party if he intends to produce evidence (in which term is included evidence by affidavit or taken by commission or on deposition, and documentary evidence not already read or taken as read); if answered in the negative, he shall be entitled to sum up the evidence already given and comment thereon; but if answered in the affirmative, he shall wait for his general reply;

(5) when the party beginning has concluded his case, the other party shall be at liberty to address the Court, and to produce his evidence and examine his witnesses in chief, and to sum up the evidence already given and comment thereon;