CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
735
(3) Where leave to defend is given under section 23 or 24, it shall not be necessary to file a further statement of claim unless otherwise ordered at the hearing of the summons for judgment.
136. The statement of claim shall specify the name, description and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of summons.
H.K. Code, s. 24 (1).
137. The statement of claim may alter, modify or extend the plaintiff's claim without any amendment of the indorsement on the writ of summons.
O. 20, r. 4.
138.-(1) The statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief, which may always be given, as the court may think just, to the same extent as if it had been asked for.
O. 20, r. 6.
(2) The same rule shall apply to any relief claimed by the defendant in his statement of defence and to any counterclaim made by him.
139.-(1) Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly.
(2) The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off or counterclaim founded upon separate and distinct facts.
Service of statement of claim.
O. 20, r. 7.
140. After the filing of the statement of claim the plaintiff shall forthwith cause a copy thereof under the seal of the court to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to file a statement of defence to the statement of claim within three weeks from the day of such service or, in a case of service out of the jurisdiction, within such time as the court may have ordered: Provided that no such service of the statement of claim shall be required to be made on any defendant who has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the court to proceed with his action ex parte.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
735
(3) Where leave to defend is given under section 23 or 24, it shall not be necessary to file a further statement of claim unless otherwise ordered at the hearing of the summons for judgment.
136. The statement of claim shall specify the name, descrip- Description
of parties. tion and place of abode of the plaintiff and of the defendant,
H.K. Code, so far as they can be ascertained, and shall correspond in those s. 24 (1). particulars with the writ of summons.
137. The statement of claim may alter, modify or extend Claim the plaintiff's claim without any amendment of the indorsement beyond of the writ of summons.
indorsement on writ.. 0. 20, r. 4.
prayer for
138.-(1) The statement of claim shall state specifically the Mode of relief which the plaintiff claims, either simply or in the alter- stating native, and it shall not be necessary to ask for general or other relief. relief, which may always be given, as the court may think just, O. 20, r. 6. to the same extent as if it had been asked for.
(2) The same rule shall apply to any relief claimed by the defendant in his statement of defence and to any counterclaim made by him.
139.-(1) Where the plaintiff seeks relief in respect of Mode of several distinct claims or causes of complaint founded upon stating separate and distinct grounds, they shall be stated, as far as may claims. be, separately and distinctly.
(2) The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off or counterclaim founded upon separate and distinct facts.
Service of statement of claim.
0. 20, r. 7.
statement of clain on
defendant
who has appeared. H.K. Code, s. 29 (1).
140. After the filing of the statement of claim the plaintiff Service of shall forthwith cause a copy thereof under the seal of the court to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to file a statement of defence to the statement of claim within three weeks from the day of such service or, in a case of service out of the jurisdiction, within such time as the court may have ordered: Provided that no such service of the statement of claim shall be required to be made on any defendant who has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the court to proceed with his action ex parte.
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