1923_CODE_OF_CIVIL_PROCEDURE — Page 63

1176

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Non-

appearance of

256. On the return-day, if the person served with the person served order does not appear, and the court is not satisfied that the service of the order on all proper parties has been duly effected, the court may enlarge the time and direct further service, or make such other order as may seem just.

with order.

H.K. Code,

8. 44 (3).

Appearance of person served with order.

257. If the person served with the order appears, or the court is satisfied that service of the order on all proper parties has been duly effected, the court may proceed with H. K. Code, the hearing of the motion.

s. 44 (4).

General

court on

258. On the hearing, the court may either discharge the power of the order, or make it absolute, or permit further affidavits to be filed in support of or against it, and may modify the terms of the order so as to meet the merits of the case.

hearing,

H. K. Čode, 8. 44 (5).

Filing of application

for summons.

H. K. Code, 8. 45 (1), (2).

Schedule. Forms Nos. 25, 26.

Issue of

summonя,

Summons.

259.-(1) Any party to an action or other proceeding who desires to ask the court in chambers for an order shall file in the Registry a copy of the summons which it is desired should be issued for that purpose.

(2) Such copy shall be signed by the party or by or in the name of his solicitor.

260. The Registrar may thereupon issue a summons, H.K. Code, setting forth the nature of the application and ordering the person to whom it is directed to appear at the time and place directed by the Registrar and specified in the summons.

.s. 45.3).

Proceedings

of summons.

H. K. Code, .s. 45 (4).

Schedule.

261. On the return-day of the summons, if the person to on return-day whom the summons is directed appears, or, in his absence, on proof of service of the summons on the person to whom it is directed, the court may, on the application of the person Form No. 27. obtaining the summons, consider and deal with the applica- tion in a summary way, and make such order as may be just.

Taking of

evidence by affidavit. HK Code, 8. 46 (1).

Cross-ex-

amination of

person making affidavit.

0, 38, r. 1.

Evidence in interlocutory proceedings.

262. The evidence at the hearing of any interlocutory or other application in a cause or matter shall generally be by affidavit.

263. The court may, on the application of any party, order the attendance before it for cross-examination, of any person making an affidavit.

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