4
744
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Right of amendment ex parte. H.K. Code, s. 32 (5).
Amendment of statement of claim after defence. H.K. Code, s. 39 (2).
Failure to amend after order. O. 28, r. 7.
Date of order and date of amendment to be marked. O. 28, r. 9.
Filing and service of amended pleading. O. 28, r. 10.
Correction of clerical mistake in judgment, etc. O. 28, r. 11.
General power to amend.
180. The statement of claim may be amended at any time before the statement of defence has been filed, by leave of the court obtained ex parte.
181. Where the plaintiff considers the contents of the statement of defence to be such as to render an amendment of the statement of claim necessary or desirable, he may obtain ex parte an order to amend the statement of claim, on satisfying the court that the amendment is not intended for the purpose of delay or vexation but is considered to be material for the plaintiff's case.
182. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order or, if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, become ipso facto void unless the time is extended by the court.
183. Whenever any indorsement, pleading or particulars is or are amended, the same when amended shall be marked with the date of the order, if any, under which the same is or are so amended and of the day on which such amendment is made, in manner following, viz.-"Amended the day of , 19 , pursuant to order of dated the day of , 19 ."
184. Whenever any indorsement, pleading or particulars is or are amended, such amended document shall be filed within the time allowed for amending the same and a copy thereof under the seal of the court shall forthwith be served on the opposite party.
185. Any clerical mistake in any judgment or order, or any error arising therein from any accidental slip or omission, may at any time be corrected by the court, on motion or summons without an appeal. O. 28, r. 12.
186. The court may at any time, and on such terms as to costs or otherwise as the court may think just, amend any defect or error in any proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings.
Page 50
Page 51
4
744
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Right of amendment ex parte. H.K. Code, s. 32 (5).
Amendment
of statement
of claim
after defence.
H.K. Code, s. 39 (2).
Failure to amend after order.
0. 28, r. 7.
Date of order and date of amendment to be marked.
0. 28, r. 9.
Filing and
service of amended
pleading.
0. 28, r. 10.
Correction of clerical mistake in judgment, etc.
O. 28, r. 11.
General power to amend.
180. The statement of claim may be amended at any time before the statement of defence has been filed, by leave of the court obtained ex parte.
181. Where the plaintiff considers the contents of the state- ment of defence to be such as to render an amendment of the statement of claim necessary or desirable, he may obtain ex parte an order to amend the statement of claim, on satisfying the court that the amendment is not intended for the purpose of delay or vexation but is considered to be material for the plaintiff's case.
182. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order or, if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, become ipso facto void unless the time is extended by the court.
183. Whenever any indorsement, pleading or particulars is or are amended, the same when amended shall be marked with the date of the order, if any, under which the same is or are so amended and of the day on which such amendment is made, in manner following, viz.-" Amended the
the
19
day of
, pursuant to order of
, 19
day of dated
184. Whenever any indorsement, pleading or particulars is or are amended, such amended document shall be filed within the time allowed for amending the same and a copy thereof under the seal of the court shall forthwith be served on the opposite party.
185. Any clerical mistake in any judgment or order, or any error arising therein from any accidental slip or omission, may at any time be corrected by the court, on motion or summons without an appeal.
O. 28, r. 12.
186. The court may at any time, and on such terms as to costs or otherwise as the court may think just, amend defect
any or error in any proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings.
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