1923_CODE_OF_CIVIL_PROCEDURE — Page 28

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1141

costs.

91. The court may decide all questions of costs as between a third party and the other parties to the action, and order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case may require.

O. 16, r. 54.

92. Where a defendant claims to be entitled to contribution or indemnity against any other defendant to the action, a notice may be issued and the same procedure shall be adopted, for the determination of such questions between the defendants, as would be issued and taken against such other defendant if such last-mentioned defendant were a third party; but nothing herein contained shall prejudice the rights of the plaintiff against any defendant in the action.

O. 16, r. 55.

Change of parties by marriage, etc.

93. A cause or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues, and shall not become defective by the conveyance, assignment, creation, or devolution of any estate or title pendente lite; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment, but judgment may in such case be entered, notwithstanding the death.

O. 17, r. 1.

94. In case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to a cause or matter, the court may, if it is deemed necessary for the complete settlement of all the questions involved, order that the husband, personal representative, trustee, or other successor in interest, if any, of such party be made a party, or be served with notice in such manner and form as is hereinafter prescribed, and on such terms as the court may think just, and shall make such order for the disposal of the cause or matter as may be just.

O. 17, r. 2.

95. In case of the conveyance, assignment, creation, or devolution of any estate or title pendente lite, the cause or matter may be continued by or against the person to or upon whom such estate or title has come or devolved.

O. 17, r. 3.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1141 costs. 91. The court may decide all questions of costs as between a third party and the other parties to the action, and order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case may require. O. 16, r. 54. 92. Where a defendant claims to be entitled to contribution or indemnity against any other defendant to the action, a notice may be issued and the same procedure shall be adopted, for the determination of such questions between the defendants, as would be issued and taken against such other defendant if such last-mentioned defendant were a third party; but nothing herein contained shall prejudice the rights of the plaintiff against any defendant in the action. O. 16, r. 55. Change of parties by marriage, etc. 93. A cause or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues, and shall not become defective by the conveyance, assignment, creation, or devolution of any estate or title pendente lite; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment, but judgment may in such case be entered, notwithstanding the death. O. 17, r. 1. 94. In case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to a cause or matter, the court may, if it is deemed necessary for the complete settlement of all the questions involved, order that the husband, personal representative, trustee, or other successor in interest, if any, of such party be made a party, or be served with notice in such manner and form as is hereinafter prescribed, and on such terms as the court may think just, and shall make such order for the disposal of the cause or matter as may be just. O. 17, r. 2. 95. In case of the conveyance, assignment, creation, or devolution of any estate or title pendente lite, the cause or matter may be continued by or against the person to or upon whom such estate or title has come or devolved. O. 17, r. 3.

Baseline (Original)

CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1141 costs. 91. The court may decide all questions of costs as Decision of between a third party and the other parties to the action, questions of and order may any one or more to pay the costs of any other O. 16, r. 54. or others, or give such direction as to costs as the justice of the case may require. claiming 92. Where a defendant claims to be entitled to contribu- Caso of tion or indemnity against any other defendant to the action, defendant a notice may be issued and the same procedure shall be contribution adopted, for the determination of such questions between or indemnity the defendants, as would be issued and taken against such defendant. other defendant if such last-mentioned defendant were a O. 16, r. 55. third party; but nothing herein contained shall prejudice the rights of the plaintiff against any defendant in the action. Change of parties by marriage, etc. abate by reason of etc., of party .93. A cause or matter shall not become abated by reason Cause not to of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues, and shall not marriage, become defective by the conveyance, assignment, creation, if cause of or devolution of any estate or title pendente lite; and, action whether the cause of action survives or not, there shall be survives, nor no abatement by reason of the death of either party between defective by the verdict or finding of the issues of fret and the judgment, of estate, etc. but judgment may in such case be entered, notwithstanding 0. 17, r. 1. the death. to become conveyance notice on etc., of party. 94. In case of the marriage, death, or bankruptcy, or Service of devolution of estate by operation of law, of any party to a husband, cause or matter, the court may, if it is deemed necessary etc., in case for the complete settlement of all the questions involved, of marriage, order that the husband, personal representative, trustee, or 0. 17, r. 2. other successor in interest, if any, of such party be made a party, or be served with notice in such manner and form as is hereinafter prescribed, and on such terms as the court may think just, and shall make such order for the disposal of the cause or matter as may be just. or 95. In case of the conveyance, assignment, creation, or devolution of any estate or title pendente lite, the cause matter may be continued by or against the person to or upon whom such estate or title has come or devolved. Continuance of cause by or against successor in title. 0. 17, r. 3.

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1141

costs.

91. The court may decide all questions of costs as Decision of between a third party and the other parties to the action, questions of and order

may any one or more to pay the costs of any other O. 16, r. 54. or others, or give such direction as to costs as the justice of the case may require.

claiming

92. Where a defendant claims to be entitled to contribu- Caso of tion or indemnity against any other defendant to the action, defendant a notice may be issued and the same procedure shall be contribution adopted, for the determination of such questions between or indemnity the defendants, as would be issued and taken against such defendant. other defendant if such last-mentioned defendant were a O. 16, r. 55. third party; but nothing herein contained shall prejudice the rights of the plaintiff against any defendant in the action.

Change of parties by marriage, etc.

abate by

reason of

etc., of party

.93. A cause or matter shall not become abated by reason Cause not to of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues, and shall not marriage, become defective by the conveyance, assignment, creation, if cause of or devolution of any estate or title pendente lite; and, action whether the cause of action survives or not, there shall be survives, nor no abatement by reason of the death of either party between defective by the verdict or finding of the issues of fret and the judgment, of estate, etc. but judgment may in such case be entered, notwithstanding 0. 17, r. 1. the death.

to become

conveyance

notice on

etc., of party.

94. In case of the marriage, death, or bankruptcy, or Service of devolution of estate by operation of law, of any party to a husband, cause or matter, the court may, if it is deemed necessary etc., in case for the complete settlement of all the questions involved, of marriage, order that the husband, personal representative, trustee, or 0. 17, r. 2. other successor in interest, if any, of such party be made a party, or be served with notice in such manner and form as is hereinafter prescribed, and on such terms as the court may think just, and shall make such order for the disposal of the cause or matter as may be just.

95. In case of the conveyance, assignment, creation, or devolution of any estate or title pendente lite, the cause matter may be continued by or against the person to or upon whom such estate or title has come or devolved.

Continuance

of cause by or against

successor in

title.

0. 17, r. 3.

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