1198
No. 3 of 1901.
Sum of money to be awarded generally. Judgment in case of set-off and counter-claim for money.
CODE OF CIVIL PROCEDURE.
355. In any action where the plaintiff recovers a sum of money, the amount to which he is entitled may be awarded to him by the judgment generally, without any distinction being therein made as to whether such sum is recovered by way of a debt or of damages.
356.—(1) If the defendant has been allowed to set off any demand against the claim of the plaintiff, the judgment shall state what amount is due to the plaintiff and what amount, if any, is due to the defendant, and shall be for the recovery of any sum which shall appear to be due to either party.
H. K. Code, s. 67 (8).
(2) Similar provisions shall apply in the case of a counter-claim.
(3) The judgment of the court with respect to any sum awarded to the defendant shall have the same effect and be subject to the same rules as if such sum had been claimed by the defendant in a separate action against the plaintiff.
357. Every judgment made in any cause or matter on judgment requiring any person to do an act thereby ordered shall state the time, or the time after service of the judgment, within which the act is to be done, and on the copy of the judgment which is served on the person required to obey the same there shall be indorsed a memorandum in the words or to the effect following:
O. 41, r. 5.
Effect and enforcement of order of the court.
O. 42, r. 24.
H. K. Code, s. 80.
"If you, the within-named C.D., neglect to obey this judgment by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment."
358. Every order of the court in any cause or matter shall have the same force and effect as a judgment of the court, and may be enforced by and against all persons affected or bound thereby, subject to the same rules and in the same manner as a judgment to the same effect.
Page 85
Page 86
1198
No. 3 of 1901.
•
Sum of
money to be awarded generally.
Judgment in
and counter-
claim for
CODE OF CIVIL PROCEDURE.
355. In any action where the plaintiff recovers a sum of money, the amount to which he is entitled may be awarded to him by the judgment generally, without any distinction being therein made as to whether such sum is recovered by way of a debt or of damages.
356.—(1) If the defendant has been allowed to set off case of set-off any demand against the claim of the plaintiff, the judgment shall state what amount is due to the plaintiff and what amount, if any, is due to the defendant, and shall be for the recovery of any sum which shall appear to be due to either party.
money.
H. K. Code, s. 67 (8).
Indorsement.
to be made
(2) Similar provisions shall apply in the case of a counter- claim.
(3) The judgment of the court with respect to any sum awarded to the defendant shall have the same effect and be subject to the same rules as if such sum had been claimed by the defendant in a separate action against the plaintiff.
357. Every judgment made in any cause or matter on judgment requiring any person to do an act thereby ordered shall requiring act state the time, or the time after service of the judgment, within which the act is to be done, and on the copy of the judgment which is served on the person required to obe the same there shall be indorsed a memorandum in the words or to the effect following:----
to be done within
limited time.
O. 41, r. 5.
}
Effect and
enforcement
of order of the court.
O. 42, r. 24.
H. K. Code,
8.80.
"If you, the within-named C.D., neglect to obey this judgment by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment."
Order of the court.
358. Every order of the court in any cause or matter shall have the same force and effect as a judgment of the court, and may be enforced by and against all persons affected or bound thereby, subject to the same rules and in the same manner as a judgment to the same effect.
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