1150
No. 3 of 1901.
Mode of stating prayer for relief.
O.20, r. 6.
Mode of stating distinct claims. O. 20, r. 7.
Service of claim on defendant who has appeared. H. K. Code, s. 29(1).
CODE OF CIVIL PROCEDURE
138. (1) The statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief, which may always be given, as the court may think just, to the same extent as if it had been asked for.
(2) The same rule shall apply to any relief claimed by the defendant in his statement of defence and to any counterclaim made by him.
139.-(1) Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly.
(2) The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counter-claim founded upon separate and distinct facts.
Service of statement of claim.
140. After the filing of the statement of claim, the plaintiff shall forthwith cause a copy thereof under the seal of the court to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to file a statement of defence to the statement of claim within three weeks from the day of such service, or, in a case of service out of the jurisdiction, within such time as the court may have ordered: Provided that no such service of the statement of claim shall be required to be made on any defendant who has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the court to proceed with his action ex parte.
Power to order service forthwith
141. Where service of the writ of summons is directed to be made out of the jurisdiction, the court may order that the statement of claim be filed forthwith and that a copy thereof be served under the seal of the court on the defendant concurrently with the writ.
H. K. Code, s. 29(2).
Power to stay proceedings where statement of claim is defective.
H. K. Code, s. 30.
Staying proceedings for defect in statement of claim.
142. Where a statement of claim is defective on the face of it by reason of non-compliance with any provision of this Code, the court may, either on the application of the defendant or of its own motion, make an order to stay proceedings in the action until the defect is remedied.
ז'
1150
No. 3 of 1901.
Mode of stating prayer for relief.
0.20, r. 6.
Mode of stating dis- tinct claims. 0. 20, r. 7.
Service of
claim on defendant
who has appeared. H. K. Code, 8. 29 (1)..
CODE OF CIVIL PROCEDURE.
138. (1) The statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief, which may always be given, as the court may think just, to the same extent as if it had been asked for.
(2) The same rule shall apply to any relief claimed by the defendant in his statement of defence and to any counterclaim made by him.
139.-(1) Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly.
(2) The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counter- claim founded upon separate and distinct facts.
Service of statement of claim.
140. After the filing of the statement of claim, the plaintiff statement of shall forthwith cause a copy thereof under the seal of the court to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to file a statement of defence to the statement of claim within three weeks from the day of such service, or,
in a case of service out of the jurisdiction, within such time as the court may have ordered: Provided that no such service of the statement of claim shall be required to be made on any defendant who has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the court to proceed with his action ex parte.
Power to
forthwith
141. Where service of the writ of summons is directed to order service be made out of the jurisdiction, the court may order that the where writ to statement of claim be filed forthwith and that a copy thereof be served out under the seal of the court be served on the defendant of jurisdic-
tion.
H. K. Code, 8. 29 (2).
Power to
stay proceed ings where statement of
"claim is .. defective.
H. K. Code,
s. 30.
concurrently with the writ.
Staying proceedings for defect in statement of claim.
142. Where a statement of claim is defective on the face of it by reason of non-compliance with any provision of this Code, the court may, either on the application of the defend- ant or of its own motion, make an order to stay proceedings in the action until the defect is remedied.
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