code of civil procedure.
No. 3 of 1901.
743
174. Any party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the court at or after the trial: Provided that, by consent of the parties or by order of the court on the application of any party, the same may be set down for hearing and disposed of at any time before the trial.
Right of party to raise point of law by pleading, and procedure thereon. O.25, r. 2.
Schedule. Form No. 19.
Dismissal of action, etc., on point of law.
175. If in the opinion of the court the decision of such point of law substantially disposes of the whole action or of any distinct cause of action, ground of defence, set-off, counterclaim or reply therein, the court may thereupon dismiss the action or make such other order therein as may be just.
O. 25, r. 3.
176. The court may order any pleading to be struck out on the ground that it discloses no reasonable cause of action or defence, and in any such case, or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the court may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.
Striking out pleading where no reasonable cause of action disclosed, etc. O.25, r. 4.
or order.
177. No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby; and the court may make binding declarations of right whether any consequential relief is or could be claimed or not.
Declaratory judgment. O. 25, r. 5.
CHAPTER V.
AMENDMENT.
of indorsement, etc.
178. The court may at any stage of the proceedings allow either party to alter or amend his indorsement or pleading or particulars, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
Amendment. O.28, r. 1.
179. Application for leave to amend may be made by either party to the court, and such amendment may be allowed on such terms as to costs or otherwise as may be just.
Application for leave to amend.
O. 28, r. 6.
code of civil procedure.
No. 3 of 1901.
743
174. Any party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the court at or after the trial: Provided that, by consent of the parties or by order of the court on the application of any party, the same may be set down for hearing and disposed of at any time before the trial.
Right of party to raise point of law by pleading, and proce- dure thereon. 0.25, r. 2.
Schedule. Form No. 19.
Dismissal of action, etc.,
on point of
175. If in the opinion of the court the decision of such point of law substantially disposes of the whole action or of any distinct cause of action, ground of defence, set-off, counterclaim law. or reply therein, the court may thereupon dismiss the action or 0. 25, r. 3. make such other order therein as may be just.
176. The court may order any pleading to be struck out on the ground that it discloses no reasonable cause of action or defence, and in any such case, or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the court may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.
Striking out pleading where no
reasonable cause of
action dis-
closed, etc. 0.25, r. 4.
or order.
177. No action or other proceeding shall be open to objection Declaratory on the ground that a merely declaratory judgment or order is judgment sought thereby; and the court may make binding declarations 0. 25, r. 5. of right whether any consequential relief is or could be claimed
or not.
CHAPTER V.
AMENDMENT.
of indorse. ment, etc.
178. The court may at any stage of the proceedings allow Amendment either party to alter or amend his indorsement or pleading or particulars, in such manner and on such terms as may be just, 0.28, r. 1. and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
179. Application for leave to amend may be made by either Application party to the court, and such amendment may be allowed on such terms as to costs or otherwise as may be just.
for leave to amend.
0. 28, r. 6.
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