1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 73

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

767

294. In any case where an order might be made or has been made for a trial by the court with or without a jury, the Chief Justice may order that such trial shall be by the Full Court with or without a jury, as the case may be.

295. All existing enactments relating to juries shall be deemed to continue in full force and effect so far as the same may not be inconsistent with any provision of this Code.

Trial by the Full Court. [cf. No. 8 of 1933.]

Saving of existing laws relating to juries. H.K. Code, s. 53 (7). [cf. No. 6 of 1887.]

CHAPTER XII.

TRIAL.

Non-attendance of parties.

296. When a cause is called on for trial, if neither party appears the court may, if it thinks fit, strike the cause out of the trial paper.

Default of appearance by both parties. H.K. Code, s. 61 (1). Default of appearance

297. If the plaintiff does not appear but the defendant appears, the court on being satisfied that the plaintiff has received notice of trial shall, unless it sees good reason to the contrary, strike the cause out of the trial paper and make such order as to costs in favour of the defendant as may seem just.

by plaintiff. H.K. Code, s. 61 (2).

298. If the plaintiff appears but the defendant does not appear, the court shall before trying the cause inquire into the service of the writ of summons, of the statement of claim and of notice of trial on the defendant.

Default of appearance by defendant. H.K. Code, s. 61 (3).

299. If it is not satisfied as to the service on every party, the court shall direct such further service to be made as it may think fit and shall adjourn the trial of the cause for that purpose.

Adjournment for further service. H.K. Code, s. 61 (4).

300. Where the defendant does not file a statement of defence, the plaintiff at the trial must open his case, and adduce evidence in support of it and take such judgment as to the court may seem just, and the defendant shall not be entitled to be heard at the trial without the special leave of the court and then only to such extent and in such manner as the court may permit: Provided that in actions by a money-lender or an

* As amended by Law Rev. Ord., 1939.

Procedure where no statement of defence filed. H.K. Code, s. 33 (3). O. 27, rr. 2, 16.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 767 294. In any case where an order might be made or has been made for a trial by the court with or without a jury, the Chief Justice may order that such trial shall be by the Full Court with or without a jury, as the case may be. 295. All existing enactments relating to juries shall be deemed to continue in full force and effect so far as the same may not be inconsistent with any provision of this Code. Trial by the Full Court. [cf. No. 8 of 1933.] Saving of existing laws relating to juries. H.K. Code, s. 53 (7). [cf. No. 6 of 1887.] CHAPTER XII. TRIAL. Non-attendance of parties. 296. When a cause is called on for trial, if neither party appears the court may, if it thinks fit, strike the cause out of the trial paper. Default of appearance by both parties. H.K. Code, s. 61 (1). Default of appearance 297. If the plaintiff does not appear but the defendant appears, the court on being satisfied that the plaintiff has received notice of trial shall, unless it sees good reason to the contrary, strike the cause out of the trial paper and make such order as to costs in favour of the defendant as may seem just. by plaintiff. H.K. Code, s. 61 (2). 298. If the plaintiff appears but the defendant does not appear, the court shall before trying the cause inquire into the service of the writ of summons, of the statement of claim and of notice of trial on the defendant. Default of appearance by defendant. H.K. Code, s. 61 (3). 299. If it is not satisfied as to the service on every party, the court shall direct such further service to be made as it may think fit and shall adjourn the trial of the cause for that purpose. Adjournment for further service. H.K. Code, s. 61 (4). 300. Where the defendant does not file a statement of defence, the plaintiff at the trial must open his case, and adduce evidence in support of it and take such judgment as to the court may seem just, and the defendant shall not be entitled to be heard at the trial without the special leave of the court and then only to such extent and in such manner as the court may permit: Provided that in actions by a money-lender or an * As amended by Law Rev. Ord., 1939. Procedure where no statement of defence filed. H.K. Code, s. 33 (3). O. 27, rr. 2, 16.
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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 767 294. In any case where an order might be made or has been made for a trial by the court with or without a jury, the Chief Justice may order that such trial shall be by the Full Court with or without a jury, as the case may be. 295. All existing enactments relating to juries shall be deemed to continue in full force and effect so far as the same may not be inconsistent with any provision of this Code. Trial by the Full Court. [cf. No. 8 of 1933.] Saving of existing laws relating to juries. H.K. Code, s. 53 (7). [cf. No. 6 of 1887.] CHAPTER XII. TRIAL. Non-attendance of parties. 296. When a cause is called on for trial, if neither party Default of appears the court may, if it thinks fit, strike the cause out of appearance the trial paper. by both parties. H.K. Code, s. 61 (1). Default of appearance 297. If the plaintiff does not appear but the defendant appears, the court on being satisfied that the plaintiff has received notice by plaintiff. of trial shall, unless it sees good reason to the contrary, strike H.K. Code, the cause out of the trial paper and make such order as to costs s. 61 (2). in favour of the defendant as may seem just. 298. If the plaintiff appears but the defendant does not appear, Default of the court shall before trying the cause inquire into the service appearance by defend- of the writ of summons, of the statement of claim and of notice ant. of trial on the defendant. .. H.K. Code, s. 61 (3). ment for 299. If it is not satisfied as to the service on every party, Adjourn- the court shall direct such further service to be made as it may think fit and shall adjourn the trial of the cause for that purpose. 300. Where the defendant does not file a statement of defence, the plaintiff at the trial must open his case, and adduce evidence in support of it and take such judgment as to the court may seem just, and the defendant shall not be entitled to be heard at the trial without the special leave of the court and then only to such extent and in such manner as the court may permit: Provided that in actions by a money-lender or an * As amended by Law Rev. Ord., 1939. • k * further service. H.K. Code, s. 61 (4). Procedure where no statement of. defence filed. H.K. Code, s. 33 (3). 0. 27, rr. 2, 16.
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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

767

294. In any case where an order might be made or has been made for a trial by the court with or without a jury, the Chief Justice may order that such trial shall be by the Full Court with or without a jury, as the case may be.

295. All existing enactments relating to juries shall be deemed to continue in full force and effect so far as the same may not be inconsistent with any provision of this Code.

Trial by the Full Court. [cf. No. 8 of 1933.]

Saving of existing laws relating to juries. H.K. Code, s. 53 (7). [cf. No. 6 of 1887.]

CHAPTER XII.

TRIAL.

Non-attendance of parties.

296. When a cause is called on for trial, if neither party Default of appears the court may, if it thinks fit, strike the cause out of appearance the trial paper.

by both parties. H.K. Code, s. 61 (1). Default of appearance

297. If the plaintiff does not appear but the defendant appears, the court on being satisfied that the plaintiff has received notice

by plaintiff. of trial shall, unless it sees good reason to the contrary, strike H.K. Code, the cause out of the trial paper and make such order as to costs s. 61 (2). in favour of the defendant as may seem just.

298. If the plaintiff appears but the defendant does not appear, Default of the court shall before trying the cause inquire into the service appearance by defend- of the writ of summons, of the statement of claim and of notice ant. of trial on the defendant.

..

H.K. Code, s. 61 (3).

ment for

299. If it is not satisfied as to the service on every party, Adjourn- the court shall direct such further service to be made as it may think fit and shall adjourn the trial of the cause for that purpose.

300. Where the defendant does not file a statement of defence, the plaintiff at the trial must open his case, and adduce evidence in support of it and take such judgment as to the court may seem just, and the defendant shall not be entitled to be heard at the trial without the special leave of the court and then only to such extent and in such manner as the court may permit: Provided that in actions by a money-lender or an

* As amended by Law Rev. Ord., 1939.

•

k

*

further service. H.K. Code, s. 61 (4). Procedure where no

statement of.

defence filed. H.K. Code, s. 33 (3). 0. 27, rr. 2,

16.

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