the-ordinances-of-the-legislative-counci-1890 — Page 364

328 ORDINANCE No. 6 OF 1855 .


Common Law Procedure.


Amendments.

Amendments. 92. It shall be lawful for the Court at all times to amend all defects

and errors in any proceedings under this Ordinance , whether there is any
thing in writing to amend by or not, and whether the defect or error be
that of the party applying to amend or not ; and all such amendments
may be made with or without costs, and upon such terms as to the Court
may seem fit ; and all such amendments as may be necessary for the
purpose of determining in the existing suit the real question in controversy
between the parties, shall be so made, if duly applied for. [ Extended to
criminal cases by Ordinance No. 5 of 1856. ]




FORMS REFERRED TO.

A.

Forms of Rule or Summons where a judgment Creditor applies
for execution against a judgment Debtor.
(Formal parts as at present.)
C. D. show cause why A. B. (or as the case may be) should not be at liberty to enter
a suggestion upon the roll in an action wherein the said A. B. was plaintiff and the
said C. D. was defendant and wherein the said A. B. obtained judgment for
against the said C. D. on the day of
that it manifestly appears to the Court that the said A. B. is entitled to have execution
of the said judgment and to issue execution thereupon, and why the said C. D. should
not pay to the said A. B. the costs of this application to be taxed .
NOTE. - The above form may be modified according to circumstances.



B.

Form of Suggestion that a judgment Creditor is entitled to execution
against thejudgment Debtor.
And now on the day of it is suggested and manifestly appears
to the Court that the said A. B. (or C. D. as executor of the last will and of testament
of the said A. B. deceased, or as the case may be) is entitled to have execution of the
judgment aforesaid against the said E. F. (or against G. H. as executor of the last
will and testament of the said E. F. , or as the case may be). Therefore it is considered
by the Court that the said A. B. (or C. D. as such executor as aforesaid , or as the case
may be) ought to have execution of the said judgment against the said E. F. (or against
G. H. as such executor as aforesaid, or as the case may be).