1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 42

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Power to

order service forthwith

where writ to be served out of

jurisdiction. H.K. Code, s. 29 (2).

Power to

stay proceed. ings where

statement of claim is defective. H.K. Code, s. 30.

Time for

filing state-

ment of defence.

H.K. Code,

s. 33 (1).. Schedule,

Form No. 16.

Application for exten-

sion of time.

H.K. Code, s. 33 (1), (2).

Filing state- ment of

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

141. Where service of the writ of summons is directed to be made out of the jurisdiction the court may order that the statement of claim be filed forthwith and that a copy thereof under the seal of the court be served on the defendant con- currently with the writ.

"

Staying proceedings for defect in statement of claim.

142. Where a statement of claim is defective on the face of it by reason of non-compliance with any provision of this Code, the court may, either on the application of the defendant or of its own motion, makè an order to stay proceedings in the action. until the defect is remedied.

Statement of defence.

143. The defendant shall file in the Registry a statement of defence to the statement of claim within three weeks from the date of the service thereof or, in a case of service out of the jurisdiction, within such time as the court may have ordered.

144.-(1) The defendant may apply to the court for further time to file his statement of defence, on a summons stating the further time required.

(2) The application, unless it is consented to, must be supported by affidavit or, if the court in its discretion permits, by oral evidence upon oath, showing that there is reasonable ground for the application and that it is not made for the purpose of delay.

145.-(1) If the defendant neglects to file a statement of defence after defence within the time or further time allowed, as the case may be, he shall not be at liberty to file a statement of defence without the leave of the court or the consent of the plaintiff.

expiration

of time.. H.K. Code, s. 33 (4), (5), (6).

Mode of denying allegations made in statement

of claim. H.K. Code,

s. 33 (9):

rr. 1, 2.

0.21,

(2) The court may grant such leave, on such terms as may seem just, by order made on the application of the defendant.

146.-(1) The statement of defence must deny all such material allegations in the statement of claim as the defendant intends to deny at the trial.

(2) In an action for a debt or liquidated demand in money comprised in section 19, a mere denial of the debt shall be inadmissible.

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