CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
713
time as the court may have ordered, be returned into the Registry and filed therein.
Appearance of defendant.
46. The defendant shall, within eight days from the day of service on him of the writ of summons or, in case of service out of the jurisdiction, within such time as the court may have ordered, cause an appearance to the action to be entered for him in the Registry.
H.K. Code, s. 11. Schedule. Form No. 9.
47. In every case of service of a writ of summons out of the jurisdiction, the entry of appearance thereto, shall specify the name and address of some solicitor, agent or other person within the jurisdiction on whom substituted service of all further process against the defendant in the action may be effected while the defendant remains out of the jurisdiction, and, in default thereof, the court may proceed with the action as if no appearance had been entered.
H.K. Code, s. 11.
48. Where an action is brought by a plaintiff residing out of the jurisdiction, and it is made to appear, by affidavit or otherwise, to the satisfaction of the court, that the defendant has a bonâ fide claim against the plaintiff which can be conveniently tried by the court, it shall be lawful for the court, in its discretion, to stay proceedings in the action so brought by the absent plaintiff until he has entered an appearance to any cross-action brought by the defendant against him in respect of such claim, on such terms as may seem just.
H.K. Code, s. 8. 95.
Cross-action against absent plaintiff.
49. The defendant before appearing shall be at liberty, without obtaining an order to enter or entering a conditional appearance, to apply by summons to set aside the service on him of the writ of summons or to discharge the order authorizing such service.
O. 12, r. 30.
Default of appearance.
50.—(1) If the defendant fails to enter an appearance within the time hereinbefore limited in that behalf, and it is proved, to the satisfaction of the court, that the writ was duly served, the court may give leave to the plaintiff to proceed with the action ex parte.
(2) The plaintiff may thereupon file his statement of claim, and apply forthwith to have the cause set down for trial.
Leave to proceed ex parte in case of non-appearance.
H.K. Code, s. 12 (1).
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
713
time as the court may have ordered, be returned into the Registry and filed therein.
Appearance of defendant..
46. The defendant shall, within eight days from the day of Appearance
in general. service on him of the writ of summons or, in case of service
H.K. Code, out of the jurisdiction, within such time as the court may have ordered, cause an appearance to the action to be entered for him in the Registry.
s. 11.
Schedule. Form No. 9.
in case of defendant
out of juris- H.K. Code,
diction.
47. In every case of service of a writ of summons out of the Appearance jurisdiction, the entry of appearance thereto, shall specify the name and address of some solicitor, agent or other person within the jurisdiction on whom substituted service of all further process against the defendant in the action may be effected while the defendant remains out of the jurisdiction, and, in default thereof, the court may proceed with the action as if no appearance had been entered.
s. 11.
absent
8. 95.
48. Where an action is brought by a plaintiff residing out Cross-action of the jurisdiction, and it is made to appear, by affidavit or other- against wise, to the satisfaction of the court, that the defendant has a plaintiff. bonâ fide claim against the plaintiff which can be conveniently H.K. Code, tried by the court, it shall be lawful for the court, in its dis- cretion, to stay proceedings in the action so brought by the absent plaintiff until he has entered an appearance to any cross- action brought by the defendant against him in respect of such claim, on such terms as may seem just.
service
49. The defendant before appearing shall be at liberty, Motion to without obtaining an order to enter or entering a conditional set aside appearance, to apply by summons to set aside the service on him before of the writ of summons or to discharge the order authorizing appearance. 0. 12, r. 30. such service.
Default of appearance.
50.—(1) If the defendant fails to enter an appearance within the time hereinbefore limited in that behalf, and it is proved, to the satisfaction of the court, that the writ was duly served, the court may give leave to the plaintiff to proceed with the action ex parte.
(2) The plaintiff may thereupon file his statement of claim, and apply forthwith to have the cause set down for trial.
Leave to proceed ex parte in case of non- appearance.
H.K. Code, s. 12 (1).
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