CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1173
(b) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or
(c) one or more of the parties shall do or perform, or shall refrain from doing or performing, some particular act specified in the agreement,
either with or without costs of the cause or matter or with the costs left to the discretion of the court.
(2) Where the agreement is for the delivery of some property, movable or immovable, or for the doing or performing or the refraining from doing or performing some particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.
on decision,
240. Upon the finding of the court on such questions the judgment of the court may be entered accordingly, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless the court otherwise orders for the purpose of giving either party an opportunity for moving to set aside the finding or for a new trial.
241. The proceedings upon any such issue may be recorded at the instance of either party, and the judgment, whether actually recorded or not, shall have the same effect as any other judgment in a contested action.
CHAPTER X.
INTERLOCUTORY PROCEEDINGS.
Interlocutory application.
242.-(1) Interlocutory applications may be made at any stage of an action or other proceeding.
(2) They shall be made either by motion in court or by summons in chambers, and shall be entitled in the action or other proceeding.
(3) Subject to the provisions of this Code and to any general rules or orders of the court, the court shall in each case decide whether the application is a proper one to be made by motion in court or by summons in chambers, and may, at or before the hearing, if it thinks fit, remove the same into court or into chambers, as the case may be, making interlocutory application.
Page 60
Page 61
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1173
(b) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or
(c)
one or more of the parties shall do or perform, or shall refrain from doing or performing, some particular act specified in the agreement,
either with or without costs of the cause or matter or with the costs left to the discretion of the court.
(2) Where the agreement is for the delivery of some prop- erty, movable or immovable, or for the doing or performing or the refraining from doing or performing some particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.
on decision,
240. Upon the finding of the court on such questions the Judgment judgment of the court may be entered accordingly, with or and execution without costs, as the case may be, and execution may issue 0.34, r. 11. upon such judgment forthwith, unless otherwise agreed, or unless the court otherwise orders for the purpose of giving either party an opportunity for moving to set aside the find- ing or for a new trial.
241. The proceedings upon any such issue may be record- Record of ed at the instance of either party, and the judgment, whether proceedings. actually recorded or not, shall have the same effect as any O. 34, r. 12. other judgment in a contested action.
CHAPTER X.
INTERLOCUTORY PROCEEDINGS.
Interlocutory application.
242.-(1) Interlocutory applications may be made at any Modes of stage of an action or other proceeding.
(2) They shall be made either by motion in court or by summons in chambers, and shall be entitled in the action or other proceeding.
(3) Subject to the provisions of this Code and to any general rules or orders of the court, the court shall in each case decide whether the application is a proper one to be made by motion in court or by summons in chambers, and may, at or before the hearing, if it thinks fit, remove the same into court or into chambers, as the case may be,
making in- terlocutory
application.
. 42.
H. K. Code,
Page 60Page 61
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