CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1187
either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if allowed.
of evidence,
310. Where any evidence is by affidavit or has been taken Putting in by commission or on deposition, the party adducing the same by affidavits, may read and comment on it, either immediately after his etc. opening or after the vivâ voce evidence on his part has been s. 62 (15). concluded.
H. K. Code,
311. Documentary evidence must be put in and read, or Reading of taken as read by consent.
documentary evidence. H. K. Code,
document
H. K. Code,
s. 62 (16). 312. Every document put in evidence shall be marked Marking and by the officer of the court at the time, and shall be retained disposal of by the court during the trial, and returned to the party who put in put it in, or from whose custody it came, immediately after evidence. the judgment, unless it is impounded by order of the court. s. 62 (17).
313.-(1) Where the evidence adduced at the trial varies Amendment substantially from the allegations of the respective parties of pleadings in the pleadings, it shall be in the discretion of the court to with allow the pleadings to be amended, so as to make the evidence. pleadings correspond with the evidence.
(2) The court may allow such amendment on such terms as to adjournment, costs, and other things as may seem just, so as to avoid surprise and injury to any party.
to correspond
H. K. Code,
s. 62(18),(19).
libel or slander.
314. In an action for libel or slander, in which the Evidence in defendant does not by his statement of defence assert the mitigation of damages in truth of the statement complained of, the defendant shall action for not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under O. 36, r. 37. which the libel or slander was published or as to the character of the plaintiff, without the leave of the court, unless he has, seven days at least before the trial, furnished particulars to the plaintiff of the matters as to which he intends to give evidence.
Incidental powers of the court.
direct non-
315.-(1) The court may at the trial, without the consent Power of the of parties, direct a nonsuit or judgment for the plaintiff or court to defendant to be entered, or it may reserve any point of law, suit, etc. or direct judgment to be entered subject to a special case to H. K. Code, be stated for the opinion of the court.
s. 65 (1)-(4).
CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1187
either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if allowed.
of evidence,
310. Where any evidence is by affidavit or has been taken Putting in by commission or on deposition, the party adducing the same by affidavits, may read and comment on it, either immediately after his etc. opening or after the vivâ voce evidence on his part has been s. 62 (15). concluded.
H. K. Code,
311. Documentary evidence must be put in and read, or Reading of taken as read by consent.
documentary evidence. H. K. Code,
document
H. K. Code,
s. 62 (16). 312. Every document put in evidence shall be marked Marking and by the officer of the court at the time, and shall be retained disposal of by the court during the trial, and returned to the party who put in put it in, or from whose custody it came, immediately after evidence. the judgment, unless it is impounded by order of the court. s. 62 (17).
313.-(1) Where the evidence adduced at the trial varies Amendment substantially from the allegations of the respective parties of pleadings in the pleadings, it shall be in the discretion of the court to with allow the pleadings to be amended, so as to make the evidence. pleadings correspond with the evidence.
(2) The court may allow such amendment on such terms as to adjournment, costs, and other things as may seem just, so as to avoid surprise and injury to any party.
to correspond
H. K. Code,
s. 62(18),(19).
libel or slander.
314. In an action for libel or slander, in which the Evidence in defendant does not by his statement of defence assert the mitigation of
damages in truth of the statement complained of, the defendant shall action for not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under O. 36, r. 37. which the libel or slander was published or as to the character of the plaintiff, without the leave of the court, unless he has, seven days at least before the trial, furnished particulars to the plaintiff of the matters as to which he intends to give evidence.
Incidental powers of the court.
direct non-
315.-(1) The court may at the trial, without the consent Power of the of parties, direct a nonsuit or judgment for the plaintiff or court to defendant to be entered, or it may reserve any point of law, suit, etc. or direct judgment to be entered subject to a special case to H. K. Code, be stated for the opinion of the court.
s. 65 (1)-(4).
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