1923_CODE_OF_CIVIL_PROCEDURE — Page 172

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901. 1285

697. Where an application is made to set aside any proceeding for irregularity, the several objections to be insisted upon shall be stated in the summons or notice of motion.

Statement of grounds of application.

O. 70, r. 3.

698. When a summons is taken out to set aside any process or proceeding for irregularity with costs, and the summons is dismissed generally without any special direction as to costs, it is to be understood as dismissed with costs.

Costs on dismissal of summons to set aside proceeding.

O. 70, r. 4.

699.-(1) Nothing in this Code shall affect the power of the court to enlarge or abridge the time appointed or allowed for the doing of any act or the taking of any proceeding on such terms as justice may require.

Power to enlarge or abridge time for doing act or taking proceeding.

H. K. Code, s. 92.

(2) Where the court is by this Code or otherwise authorised to appoint the time for the doing of any act or the taking of any proceeding, or to enlarge the time appointed or allowed for that purpose by this Code or otherwise, the court may further enlarge any time so appointed or enlarged by it, on such terms as may seem just, whether the application for further enlargement is made before or after the expiration of the time already allowed: Provided that no such further enlargement shall be made unless it appears to the court to be required for the purposes of justice, and not sought merely for delay.

700. The time for filing or amending any pleading, answer, or other document may be enlarged by consent in writing, without application to the court.

Enlargement of time by consent.

O. 64, r. 8.

701.-(1) Where, by this Code, or by any special order, or by the course of the court, any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the computation of such limited time shall not include the day of such date or of the happening of such event, but shall commence at the beginning of the next following day, and the act or proceeding must be done or taken at latest on the last day of such limited time, according to such computation.

Rules for computation of time limited for doing act or taking proceeding.

H. K. Code, s. 93.

(2) Where the limited time so appointed or allowed is less than six days, public holidays and general holidays, as defined by the Holidays Ordinance, 1912, shall not be reckoned in the computation of such time.

No. 5 of 1912,

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1285 697. Where an application is made to set aside any proceeding for irregularity, the several objections to be insisted upon shall be stated in the summons or notice of motion. Statement of grounds of application. O. 70, r. 3. 698. When a summons is taken out to set aside any process or proceeding for irregularity with costs, and the summons is dismissed generally without any special direction as to costs, it is to be understood as dismissed with costs. Costs on dismissal of summons to set aside proceeding. O. 70, r. 4. 699.-(1) Nothing in this Code shall affect the power of the court to enlarge or abridge the time appointed or allowed for the doing of any act or the taking of any proceeding on such terms as justice may require. Power to enlarge or abridge time for doing act or taking proceeding. H. K. Code, s. 92. (2) Where the court is by this Code or otherwise authorised to appoint the time for the doing of any act or the taking of any proceeding, or to enlarge the time appointed or allowed for that purpose by this Code or otherwise, the court may further enlarge any time so appointed or enlarged by it, on such terms as may seem just, whether the application for further enlargement is made before or after the expiration of the time already allowed: Provided that no such further enlargement shall be made unless it appears to the court to be required for the purposes of justice, and not sought merely for delay. 700. The time for filing or amending any pleading, answer, or other document may be enlarged by consent in writing, without application to the court. Enlargement of time by consent. O. 64, r. 8. 701.-(1) Where, by this Code, or by any special order, or by the course of the court, any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the computation of such limited time shall not include the day of such date or of the happening of such event, but shall commence at the beginning of the next following day, and the act or proceeding must be done or taken at latest on the last day of such limited time, according to such computation. Rules for computation of time limited for doing act or taking proceeding. H. K. Code, s. 93. (2) Where the limited time so appointed or allowed is less than six days, public holidays and general holidays, as defined by the Holidays Ordinance, 1912, shall not be reckoned in the computation of such time. No. 5 of 1912,

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1285 697. Where an application is made to set aside any pro- Statement of ceeding for irregularity, the several objections to be insisted grounds of upon shall be stated in the summons or notice of motion. application. 0. 70, r. 3. 698. When a summons is taken out to set aside any Costs on process or proceeding for irregularity with costs, and the dismissal of summons is dismissed generally without any special direction set aside as to costs, it is to be understood as dismissed with costs. Provisions relating to time. summons to proceeding. O. 70, r. 4. 699.-(1) Nothing in this Code shall affect the power of Power to the court to enlarge or abridge the time appointed or allowed enlarge or for the doing of any act or the taking of any proceeding on for doing act abridge time such terms as justice may require. or taking proceeding. H. K. Code, (2) Where the court is by this Code or otherwise authoris- s. 92. ed to appoint the time for the doing of any act or the taking of any proceeding, or to enlarge the time appointed or allowed for that purpose by this Code or otherwise, the court may further enlarge any time so appointed or enlarged by it, on such terms as may seem just, whether the application for further enlargement is made before or after the expiration of the time already allowed: Provided that no such further enlargement shall be made unless it appears to the court to be required for the purposes of justice, and not sought merely for delay. 700. The time for filing or amending any pleading, Enlargement, answer, or other document may be enlarged by consent in of time by writing, without application to the court. consent. 0. 64, r. 8. of time limit- 701.-(1) Where, by this Code, or by any special order, or Rules for by the course of the court, any limited time from or after computation any date or event is appointed or allowed for the doing of any ed for doing act or the taking of any proceeding, and such time is not act or taking limited by hours, the computation of such limited time shall H. K. Code, proceeding. not include the day of such date or of the happening of such s. 93. event, but shall commence at the beginning of the next following day, and the act or proceeding must be done or taken at latest on the last day of such limited time, according to such computation. (2) Where the limited time so appointed or allowed is less than six days, public holidays and general holidays, as defined by the Holidays Ordinance, 1912, shall not be reckoned Ordinance in the computation of such time. No. 5 of 1912,

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901. 1285

697. Where an application is made to set aside any pro- Statement of ceeding for irregularity, the several objections to be insisted grounds of upon shall be stated in the summons or notice of motion. application.

0. 70, r. 3.

698. When a summons is taken out to set aside any Costs on process or proceeding for irregularity with costs, and the dismissal of summons is dismissed generally without any special direction set aside as to costs, it is to be understood as dismissed with costs.

Provisions relating to time.

summons to

proceeding. O. 70, r. 4.

699.-(1) Nothing in this Code shall affect the power of Power to the court to enlarge or abridge the time appointed or allowed enlarge or for the doing of any act or the taking of any proceeding on for doing act abridge time such terms as justice may require.

or taking proceeding. H. K. Code,

(2) Where the court is by this Code or otherwise authoris- s. 92. ed to appoint the time for the doing of any act or the taking of any proceeding, or to enlarge the time appointed or allowed for that purpose by this Code or otherwise, the court may further enlarge any time so appointed or enlarged by it, on such terms as may seem just, whether the application for further enlargement is made before or after the expiration of the time already allowed: Provided that no such further enlargement shall be made unless it appears to the court to be required for the purposes of justice, and not sought merely for delay.

700. The time for filing or amending any pleading, Enlargement, answer, or other document may be enlarged by consent in of time by writing, without application to the court.

consent.

0. 64, r. 8.

of time limit-

701.-(1) Where, by this Code, or by any special order, or Rules for by the course of the court, any limited time from or after computation any date or event is appointed or allowed for the doing of any ed for doing act or the taking of any proceeding, and such time is not act or taking limited by hours, the computation of such limited time shall H. K. Code, proceeding. not include the day of such date or of the happening of such s. 93. event, but shall commence at the beginning of the next following day, and the act or proceeding must be done or taken at latest on the last day of such limited time, according to such computation.

(2) Where the limited time so appointed or allowed is less than six days, public holidays and general holidays, as defined by the Holidays Ordinance, 1912, shall not be reckoned Ordinance in the computation of such time.

1923_CODE_OF_CIVIL_PROCEDURE — Page 172

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