Ceylon Sessional PapersGovernment Press, 1955 |
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Página 4
... entered against him would automatically become absolute at the expiration of fourteen days unless within that period the plaintiff , with due notice to defendant , purged his default . This admittedly worked hardship on the plaintiff ...
... entered against him would automatically become absolute at the expiration of fourteen days unless within that period the plaintiff , with due notice to defendant , purged his default . This admittedly worked hardship on the plaintiff ...
Página 5
... entered against one , the action cannot thereafter be maintained against the other . The judges there regretted " that in allowing this appeal we are inflicting a hardship upon a creditor and enabling the escape from his liability of a ...
... entered against one , the action cannot thereafter be maintained against the other . The judges there regretted " that in allowing this appeal we are inflicting a hardship upon a creditor and enabling the escape from his liability of a ...
Página 18
... entered in an action brought against two joint makers of a promisory note , the action cannot thereafter be main- tained against the other . We have therefore provided that where several defendants are jointly liable upon a bill of ...
... entered in an action brought against two joint makers of a promisory note , the action cannot thereafter be main- tained against the other . We have therefore provided that where several defendants are jointly liable upon a bill of ...
Página 23
... entered of record by consent of parties , shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice . This provision is important as it does not permit a party to go back on the ...
... entered of record by consent of parties , shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice . This provision is important as it does not permit a party to go back on the ...
Página 78
... entered . It will however be competent to the Court before entering judgment to consider any application by the defendant to pay the plaintiff's claim by instalments . As there is no requirement that an affidavit should be filed the ...
... entered . It will however be competent to the Court before entering judgment to consider any application by the defendant to pay the plaintiff's claim by instalments . As there is no requirement that an affidavit should be filed the ...
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Pasajes populares
Página 79 - of any defendant it shall appear that such joinder may " embarrass or delay the trial of the action, the Court or a " judge may order separate trials or make such other order as " may be expedient. And judgment may be given for such one or " more of the plaintiffs as may be found to be entitled to relief, " for such relief as he or they may be entitled to, without any
Página 148 - ... the court or a judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial, on such conditions as the court or judge may think reasonable...
Página 125 - If any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the Court or a judge for an order requiring him to answer or to answer further, as the case may be. And an order may be made requiring him to answer, or answer further, either by affidavit, or by viv& voce examination, as the judge may direct.
Página 62 - Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party...
Página 80 - ... who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
Página 79 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. And judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
Página 79 - Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the court or a judge may, if satisfied that it has been so commenced through a bona fide mistake...
Página 308 - ... any samples to be taken, or any observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
Página 79 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Página 93 - Whenever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations, or circumstances, without setting them out in detail.