1923_CODE_OF_CIVIL_PROCEDURE — Page 46

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1159

179. Application for leave to amend may be made by either party to the court, and such amendment may be allowed on such terms as to costs or otherwise as may be just.

Application for leave to amend. O. 28, r. 6.

180. The statement of claim may be amended at any time before the statement of defence has been filed, by leave of the court obtained ex parte.

Right of amendment ex parte. H. K. Code, s. 32 (5).

181. Where the plaintiff considers the contents of the statement of defence to be such as to render an amendment of the statement of claim necessary or desirable, he may obtain ex parte an order to amend the statement of claim, on satisfying the court that the amendment is not intended for the purpose of delay or vexation, but is considered to be material for the plaintiff's case.

Amendment of statement of claim after statement of defence. H. Code, s. 30, (2).

182. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or, if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the court.

Failure to amend after order. O. 28, r. 7.

183. Whenever any indorsement, pleading, or particulars is or are amended, the same when amended shall be marked with the date of the order, if any, under which the same is or are so amended, and of the day on which such amendment is made, in manner following, viz.:-" Amended the ... day of ..., 19..., pursuant to order dated the ... day of ..., 19..."

Date of order and date of amendment to be marked. O. 28, r. 9.

184. Whenever any indorsement, pleading, or particulars is or are amended, such amended document shall be filed within the time allowed for amending the same, and a copy thereof under the seal of the court shall forthwith be served on the opposite party.

Filing and service of amended pleading. O. 28, r. 10.

185. Any clerical mistake in any judgment or order, or any error arising therein from any accidental slip or omission, may at any time be corrected by the court, on motion or summons, without an appeal.

Correction of clerical mistake in judgment, etc. O. 28, r. 11.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1159 179. Application for leave to amend may be made by either party to the court, and such amendment may be allowed on such terms as to costs or otherwise as may be just. Application for leave to amend. O. 28, r. 6. 180. The statement of claim may be amended at any time before the statement of defence has been filed, by leave of the court obtained ex parte. Right of amendment ex parte. H. K. Code, s. 32 (5). 181. Where the plaintiff considers the contents of the statement of defence to be such as to render an amendment of the statement of claim necessary or desirable, he may obtain ex parte an order to amend the statement of claim, on satisfying the court that the amendment is not intended for the purpose of delay or vexation, but is considered to be material for the plaintiff's case. Amendment of statement of claim after statement of defence. H. Code, s. 30, (2). 182. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or, if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the court. Failure to amend after order. O. 28, r. 7. 183. Whenever any indorsement, pleading, or particulars is or are amended, the same when amended shall be marked with the date of the order, if any, under which the same is or are so amended, and of the day on which such amendment is made, in manner following, viz.:-" Amended the ... day of ..., 19..., pursuant to order dated the ... day of ..., 19..." Date of order and date of amendment to be marked. O. 28, r. 9. 184. Whenever any indorsement, pleading, or particulars is or are amended, such amended document shall be filed within the time allowed for amending the same, and a copy thereof under the seal of the court shall forthwith be served on the opposite party. Filing and service of amended pleading. O. 28, r. 10. 185. Any clerical mistake in any judgment or order, or any error arising therein from any accidental slip or omission, may at any time be corrected by the court, on motion or summons, without an appeal. Correction of clerical mistake in judgment, etc. O. 28, r. 11.

Baseline (Original)

CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1159 179. Application for leave to amend may be made by Application either party to the court, and such amendment may be allowed for leave to on such terms as to costs or otherwise as may be just. amend. O. 28, r. 6. 180. The statement of claim may be amended at any time Right of before the statement of defence has been filed, by leave of the amendment court obtained ex parte. ex parte. H. K. Code, s. 32 (5). K 181. Where the plaintiff considers the contents of the Amendment statement of defence to be such as to render an amendment of statement of the statement of claim necessary or desirable, he may defence of claim after obtain ex parte an order to amend the statement of claim, on H. Code, satisfying the court that the amendment is not intended for s. 30, (2). the purpose of delay or vexation, but is considered to be material for the plaintiff's case. order, 182. If a party who has obtained an order for leave to Failure to amend does not amend accordingly within the time limited amend after for that purpose by the order, or, if no time is thereby limited, 0. 28, r. 7. then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited. time as aforesaid or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the court. ぐ amendment 183. Whenever any indorsement, pleading, or particulars Date of order is or are amended, the same when amended shall be marked and date of with the date of the order, if any, under which the same is to be marked. or are so amended, and of the day on which such amendment O. 28, r. 9. is made, in manner following, viz. :-" Amended the day of dated the , pursuant to order of 19 > 19 > day of "" amended 184. Whenever any indorsement, pleading, or particulars Filing and is or are amended, such amended document shall be filed service of within the time allowed for amending the same, and a copy pleading. thereof under the seal of the court shall forthwith be served O. 28, r. 10. on the opposite party. of clerical mistake in 185. Any clerical mistake in any judgment or order, or Correction any error arising therein from any accidental slip or omission, may at any time be corrected by the court, on judgment, motion or summons, without an appeal. etc. O. 28, r. 11.

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1159

179. Application for leave to amend may be made by Application either party to the court, and such amendment may be allowed for leave to on such terms as to costs or otherwise as may be just.

amend. O. 28, r. 6.

180. The statement of claim may be amended at any time Right of before the statement of defence has been filed, by leave of the amendment court obtained ex parte.

ex parte. H. K. Code,

s. 32 (5).

181. Where the plaintiff considers the contents of the Amendment statement of defence to be such as to render an amendment of statement of the statement of claim necessary or desirable, he may defence

of claim after obtain ex parte an order to amend the statement of claim, on H. Code, satisfying the court that the amendment is not intended for s. 30, (2). the purpose of delay or vexation, but is considered to be material for the plaintiff's case.

order,

182. If a party who has obtained an order for leave to Failure to amend does not amend accordingly within the time limited amend after for that purpose by the order, or, if no time is thereby limited, 0. 28, r. 7. then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited. time as aforesaid or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by

the court.

ぐ

amendment

183. Whenever any indorsement, pleading, or particulars Date of order is or are amended, the same when amended shall be marked and date of with the date of the order, if any, under which the same is to be marked. or are so amended, and of the day on which such amendment O. 28, r. 9. is made, in manner following, viz. :-" Amended the day of dated the

, pursuant to order of

19 >

19 > day of

amended

184. Whenever any indorsement, pleading, or particulars Filing and is or are amended, such amended document shall be filed service of within the time allowed for amending the same, and a copy pleading. thereof under the seal of the court shall forthwith be served O. 28, r. 10. on the opposite party.

of clerical

mistake in

185. Any clerical mistake in any judgment or order, or Correction any error arising therein from any accidental slip or omission, may at any time be corrected by the court, on judgment, motion or summons, without an appeal.

1923_CODE_OF_CIVIL_PROCEDURE — Page 46

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