760
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Return-day of order.
H.K. Code, s. 44 (1).
Filing of counter affidavits.
H.K. Code, s. 44 (2).
Non-appearance of person served with order.
H.K. Code, s. 44 (3).
Appearance of person served with order.
H.K. Code, s. 44 (4).
General court on Order to show cause.
254. An order to show cause shall specify a day when cause is to be shown, to be called the return-day of the order, which shall ordinarily be not less than four days after service of the order.
255. A person served with an order to show cause may, before the return-day, file affidavits contradicting the evidence used in obtaining the order or setting forth other facts on which he relies to induce the court to discharge the order.
256. On the return-day, if the person served with the order does not appear and the court is not satisfied that the service of the order on all proper parties has been duly effected, the court may enlarge the time and direct further service or make such other order as may seem just.
257. If the person served with the order appears or the court is satisfied that service of the order on all proper parties has been duly effected, the court may proceed with the hearing of the motion.
258. On the hearing, the court may either discharge the power of the order or make it absolute or permit further affidavits to be filed in support of or against it, and may modify the terms of the order so as to meet the merits of the case.
hearing.
H.K. Code, s. 44 (5).
Filing of application for summons.
H.K. Code, s. 45 (1), (2).
Schedule. Forms Nos. 25, 26.
Issue of summons.
H.K. Code, s. 45 (3).
Proceedings on return-day of summons.
Summons.
259.—(1) Any party to an action or other proceeding who desires to ask the court in chambers for an order shall file in the Registry a copy of the summons which it is desired should be issued for that purpose.
(2) Such copy shall be signed by the party or by or in the name of his solicitor.
260. The Registrar may thereupon issue a summons setting forth the nature of the application and ordering the person to whom it is directed to appear at the time and place directed by the Registrar and specified in the summons.
261. On the return-day of the summons, if the person to whom the summons is directed appears or, in his absence, on proof of service of the summons on the person to whom it is directed,
760
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Return-day
of order.
H.K. Code, s. 44 (1).
Filing of counter
affidavits.
H.K. Code,
s. 44 (2).
Non-
appearance of person served with order.
H.K. Code, s. 44 (3).
Appearance of person served with
order.
H.K. Code, s. 44 (4).
General
court on
Order to show cause.
254. An order to show cause shall specify a day when cause is to be shown, to be called the return-day of the order, which shall ordinarily be not less than four days after service of the order.
255. A person served with an order to show cause may, before the return-day, file affidavits contradicting the evidence used in obtaining the order or setting forth other facts on which he relies to induce the court to discharge the order.
256.. On the return-day, if the person served with the order does not appear and the court is not satisfied that the service of the order on all proper parties has been duly effected, the court may enlarge the time and direct further service or make such other order as may seem just.
257. If the person served with the order appears or the court is satisfied that service of the order on all proper parties has been duly effected, the court may proceed with the hearing of the motion.
258. On the hearing, the court may either discharge the power of the order or make it absolute or permit further affidavits to be filed in support of or against it, and may modify the terms of the order so as to meet the merits of the case.
hearing.
H.K. Code,
s. 44 (5).
Filing of ap plication for
summons.
H.K. Code,
s. 45 (1), (2).
Schedule. Forms Nos. 25, 26.
Issue of
summons.
HI.K. Code, s. 45 (3).
Proceedings
on return-
day of
summons.
·
Summons.
259.—(1) Any party to an action or other proceeding who desires to ask the court in chambers for an order shall file in the Registry a copy of the summons which it is desired should be issued for that purpose.
(2) Such copy shall be signed by the party or by or in the name of his solicitor.
260. The Registrar may thereupon issue a summons setting forth the nature of the application and ordering the person to whom it is directed to appear at the time and place directed by the Registrar and specified in the summons.
261. On the return-day of the summons, if the person to whom the summons is directed appears or, in his absence, on proof of service of the summons on the person to whom it is
No comments yet.
Private notes are available after approval.