714
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Subsequent appearance. H.K. Code, s. 12 (2).
Trial ex parte. H.K. Code, s. 12 (3).
O. 13, rr. 3, 16.
Ordinance
No. 16 of 1911.
Procedure on default of appearance to originating summons.
O. 13, r. 15.
51. If the defendant enters an appearance at any time before the trial of the action, he may, on such terms as the court may direct as to the payment of costs or otherwise, be heard in answer to the action, in like manner as if he had duly entered an appearance within the time limited as aforesaid.
52. When the cause has been called on, the court may proceed to try it ex parte and may on the evidence adduced by the plaintiff give such judgment as may appear to be just: Provided that in actions by a money-lender or an assignee for the recovery of money lent by the money-lender or the enforcement of any agreement or security relating to any such money, the court may exercise the powers of the court under sub-section (1) of section 2 of the Money-lenders Ordinance, 1911.
53. Where a defendant or respondent to an originating summons fails to appear within the time limited in that behalf, the plaintiff or applicant may apply to the court for an appointment for the hearing of the summons, and, on being satisfied that no appearance has been entered, the court shall appoint a time for the hearing of the summons, on such conditions, if any, as it may think fit.
General rules as to joinder of persons as plaintiffs.
O. 16, r. 1.
CHAPTER II.
PARTIES.
Parties in general.
54. All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where if such persons brought separate actions any common question of law or fact would arise; and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment: Provided that if, on the application of any defendant, it appears that such joinder may embarrass or delay the trial of the action, the court may order separate trials or make such other order as may be expedient. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who is not found to be entitled to relief, unless the court in disposing of the costs otherwise directs.
* As amended by Law Rev. Ord., 1939.
Page 20
Page 21
714
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Subsequent appearance. H.K. Code, 8. 12 (2).
Trial ex parte. H.K. Code, s. 12 (3).
O. 13, rr. 3, 16.
Ordinance
No. 16 of 1911.
Procedure on default
of appear- ance to
originating
summons.
O. 13, r. 15.
·
51. If the defendant enters an appearance at any time before the trial of the action, he may, on such terms as the court may direct as to the payment of costs or otherwise, be heard in answer to the action, in like manner as if he had duly entered an appear- ance within the time limited as aforesaid.
52. When the cause has been called on, the court may proceed to try it ex parte and may on the evidence adduced by the plaintiff give such judgment as may appear to be just: Provided that in actions by a money-lender or an assignee for the recovery of money lent by the money-lender or the enforcement of any agreement or security relating to any such money, the court may exercise the powers of the court under sub-section (1) of section 2 of the Money-lenders Ordinance, 1911.
53. Where a defendant or respondent to an originating summons fails to appear within the time limited in that behalf, the plaintiff or applicant may apply to the court for an appoint- ment for the hearing of the summons, and, on being satisfied that no appearance has been entered, the court shall appoint a time for the hearing of the summons, on such conditions, if any, as it may think fit.
General 'rules as to joinder of persons as plaintiffs.
0.16, r. 1.
CHAPTER II.
•
PARTIES.
Parties in general.
54. All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where if such persons brought separate actions any common question of, law or fact would arise; and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment: Provided that if, on the application of any defendant, it appears that such joinder may embarrass or delay the trial of the action, the court may order separate trials or make such other order as may be expedient. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who is not found to be entitled to relief, unless the court in disposing of the costs otherwise directs.
* As amended by Law Rev. Ord., 1939.
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