CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
757
whether under this Code or otherwise.
O. 34, r. 7.
CHAPTER IX.
ISSUES OF FACT WITHOUT PLEADINGS.
238.--(1) When the parties to any cause or matter are agreed as to the questions of fact to be decided between them, they may, after writ issued and before judgment, by consent and order of the court, proceed to the trial of any such questions of fact without formal pleadings.
(2) Such questions may be stated for trial in an issue, and such issue may be entered for trial and tried in the same manner as any issue joined in an ordinary action, and the proceedings shall be under the control and jurisdiction of the court in the same way as the proceedings in an action.
239. In any such case the provisions of section 234 shall apply as if the case were a special case under that section.
Trial of questions of fact agreed upon between parties. O. 34, r. 9.
Agreement of parties for payment of money, etc., on decision of questions.
Judgment and execution on decision.
240. Upon the finding of the court on such questions the judgment of the court may be entered accordingly, with or without costs as the case may be, and execution may issue upon such judgment forthwith unless otherwise agreed or unless the court otherwise orders for the purpose of giving either party an opportunity for moving to set aside the finding or for a new trial. O. 34, r. 11.
241. The proceedings upon any such issue may be recorded at the instance of either party, and the judgment, whether actually recorded or not, shall have the same effect as any other judgment in a contested action.
CHAPTER X.
INTERLOCUTORY PROCEEDINGS.
Interlocutory application.
242. (1) Interlocutory applications may be made at any stage of an action or other proceeding.
(2) They shall be made either by motion in court or by application.
H.K. Code, s. 42.
* As amended by Law Rev. Ord., 1939.
:
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
757
whether under this Code or otherwise.
0. 34, r. 7.
CHAPTER IX.
ISSUES OF FACT WITHOUT PLEADINGS.
238.--(1) When the parties to any cause or matter are agreed as to the questions of fact to be decided between them, they may, after writ issued and before judgment, by consent and order of the court, proceed to the trial of any such questions of fact without formal pleadings..
(2) Such questions may be stated for trial in an issue, and such issue may be entered for trial and tried in the same manner as any issue joined in an ordinary action, and the proceedings shall be under the control and jurisdiction of the court in the same way as the proceedings in an action.
239. In any such case the provisions of section 234 shall apply as if the case were a special case under that section.
Trial of questions of fact agreed upon between
parties. O. 34, r. 9.
Agreement of parties for payment of money, etc., on decision of questions.
Judgment
execution on decision.
240. Upon the finding of the court on such questions the judgment of the court may be entered accordingly, with or with- and
issue upon such may out costs as the case may be, and execution judgment forthwith unless otherwise agreed or unless the court 0.34, r. 11. otherwise orders for the purpose of giving either party an opportunity for moving to set aside the finding or for a new trial.
241. The proceedings upon any such issue may be recorded Record of at the instance of either party, and the judgment, whether actually proceedings. recorded or not, shall have the same effect as any other judgment in a contested action.
CHAPTER X.
INTERLOCUTORY PROCEEDINGS. Interlocutory application.
242. (1) Interlocutory applications may be made at any Modes of stage of an action or other proceeding.
making in- terlocutory
H.K. Code,
s. 42.
(2) They shall be made either by motion in court or by application.
* As amended by Law Rev. Ord., 1939.
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