1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

703

writ.

22. In default of appearance to a specially indorsed writ, the plaintiff, on satisfying the court that the writ was duly served, shall be entitled to judgment for any sum not exceeding the sum specially indorsed on the writ, together with interest at the rate specified, if indorsed, or if no rate is specified, at the rate fixed by the court, to the date of judgment, and costs, or that the person whose title is asserted in the writ shall recover possession of the immovable property, and costs: Provided that in actions by a money-lender or an assignee for the recovery of money lent by the money-lender, or the enforcement of any agreement or security relating to any such money, the court may exercise the powers of the court under sub-section (1) of section 2 of the Money-lenders Ordinance, 1911: Provided also that the court may, nevertheless, on such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits accounting for his non-appearance, and disclosing a defence on the merits.

23.-(1) Where the defendant appears to a specially indorsed writ, the plaintiff may, on filing an affidavit made by himself or by any other person who can swear positively to the facts, verifying the cause of action and the amount claimed, if any, and stating that in his belief there is no defence to the action, take out a summons calling upon the defendant to show cause why the plaintiff should not proceed to judgment and execution.

(2) On the hearing of such summons, the court shall make such order, and on such terms and conditions, if any, as may be just.

(3) If it appears to the court that any defendant has a good defence to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff may be allowed to proceed to judgment and execution against the latter, without prejudice to his right to proceed with his action against the former.

24. (1) In like manner, in cases of ordinary account as in the case of a partnership, or executorship, or ordinary trust account, where nothing more is required in the first instance than an account, the writ may be specially indorsed with a claim

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

indorse writ specially in case of ordinary account, and procedure

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 703 writ. 22. In default of appearance to a specially indorsed writ, the plaintiff, on satisfying the court that the writ was duly served, shall be entitled to judgment for any sum not exceeding the sum specially indorsed on the writ, together with interest at the rate specified, if indorsed, or if no rate is specified, at the rate fixed by the court, to the date of judgment, and costs, or that the person whose title is asserted in the writ shall recover possession of the immovable property, and costs: Provided that in actions by a money-lender or an assignee for the recovery of money lent by the money-lender, or the enforcement of any agreement or security relating to any such money, the court may exercise the powers of the court under sub-section (1) of section 2 of the Money-lenders Ordinance, 1911: Provided also that the court may, nevertheless, on such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits accounting for his non-appearance, and disclosing a defence on the merits. 23.-(1) Where the defendant appears to a specially indorsed writ, the plaintiff may, on filing an affidavit made by himself or by any other person who can swear positively to the facts, verifying the cause of action and the amount claimed, if any, and stating that in his belief there is no defence to the action, take out a summons calling upon the defendant to show cause why the plaintiff should not proceed to judgment and execution. (2) On the hearing of such summons, the court shall make such order, and on such terms and conditions, if any, as may be just. (3) If it appears to the court that any defendant has a good defence to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff may be allowed to proceed to judgment and execution against the latter, without prejudice to his right to proceed with his action against the former. 24. (1) In like manner, in cases of ordinary account as in the case of a partnership, or executorship, or ordinary trust account, where nothing more is required in the first instance than an account, the writ may be specially indorsed with a claim * As amended by Law Rev. Ord., 1939. indorse writ specially in case of ordinary account, and procedure

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 703 writ. 22. In default of appearance to a specially indorsed writ, the Procedure on default of plaintiff, on satisfying the court that the writ was duly served, appearance shall be entitled to judgment for any sum not exceeding the sum to specially indorsed on the writ, together with interest at the rate specified, if indorsed any, or if no rate is specified, at the rate fixed by the court, to H.K. Code, the date of judgment, and costs, or that the person whose title is s. 13 (1). 0. 13, rr. 3, asserted in the writ shall recover possession of the immovable 8. property, and costs: Provided that in actions by a money-lender or an assignee for the recovery of money lent by the money-lender, O. 13, rr. 3, or the enforcement of any agreement or security relating to any such money, the court may exercise the powers of the court under sub-section (1) of section 2 of the Money-lenders Ordin- Ordinance ance, 1911: Provided also that the court may, nevertheless, on No. 16 of such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits accounting for his non-appearance, and disclosing a defence on the merits. 16. 1911. 23.-(1) Where the defendant appears to a specially in- Procedure dorsed writ, the plaintiff may, on filing an affidavit made by where defendant himself or by any other person who can swear positively to the appears to facts, verifying the cause of action and the amount claimed, if specially any, and stating that in his belief there is no defence to the writ. action, take out a summons calling upon the defendant to show H.K. Code, s. 13 (2). cause why the plaintiff should not proceed to judgment and execution. (2) On the hearing of such summons, the court shall make such order, and on such terms and conditions, if any, as may be just. indorsed (3) If it appears to the court that any defendant has a good 0. 14, r. 5. defence to or ought to be permitted to defend the action, and [cf. 8. 135 (3).] that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff may be allowed to proceed to judgment and execution against the latter, without prejudice to his right to proceed with his action against the former. 24. (1) In like manner, in cases of ordinary account as in Right to the case of a partnership, or executorship, or ordinary trust account, where nothing more is required in the first instance than an account, the writ may be specially indorsed with a claim * As amended by Law Rev. Ord., 1939. indorse writ specially in case of ordinary account, and procedure

2026-05-03 13:37:44 · Baseline

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

703

writ.

22. In default of appearance to a specially indorsed writ, the Procedure

on default of plaintiff, on satisfying the court that the writ was duly served,

appearance shall be entitled to judgment for any sum not exceeding the sum to specially indorsed on the writ, together with interest at the rate specified, if indorsed any, or if no rate is specified, at the rate fixed by the court, to H.K. Code, the date of judgment, and costs, or that the person whose title is s. 13 (1).

0. 13, rr. 3, asserted in the writ shall recover possession of the immovable 8. property, and costs: Provided that in actions by a money-lender or an assignee for the recovery of money lent by the money-lender, O. 13, rr. 3, or the enforcement of any agreement or security relating to any such money, the court may exercise the powers of the court under sub-section (1) of section 2 of the Money-lenders Ordin- Ordinance ance, 1911: Provided also that the court may, nevertheless, on No. 16 of such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits accounting for his non-appearance, and disclosing a defence on the merits.

16.

1911.

23.-(1) Where the defendant appears to a specially in- Procedure dorsed writ, the plaintiff may, on filing an affidavit made by where

defendant himself or by any other person who can swear positively to the

appears to facts, verifying the cause of action and the amount claimed, if specially any, and stating that in his belief there is no defence to the writ. action, take out a summons calling upon the defendant to show H.K. Code,

s. 13 (2). cause why the plaintiff should not proceed to judgment and execution.

(2) On the hearing of such summons, the court shall make such order, and on such terms and conditions, if any, as may be just.

indorsed

(3) If it appears to the court that any defendant has a good 0. 14, r. 5. defence to or ought to be permitted to defend the action, and [cf. 8. 135

(3).] that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff may be allowed to proceed to judgment and execution against the latter, without prejudice to his right to proceed with his action against the former.

24. (1) In like manner, in cases of ordinary account as in Right to the case of a partnership, or executorship, or ordinary trust account, where nothing more is required in the first instance than an account, the writ may be specially indorsed with a claim

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

indorse writ specially in case of ordinary

account, and procedure

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