426
RULES OF SUPREME COURT IN CHINA
(3) The notice to be given by the defendant under this Rule shall contain particulars as stated below:
No.
Nature of Special Defence.
Particulars required in the Notice.
Counter claim against Particulars of counter-claim.
plaintiff's claim
Counter-claim. 1
Infancy.
2 Infancy
...
Coverture.
3 Coverture
Statute of limitations.
4
Release.
5
Statutory defence.
The place and date of birth as far as he
is able.
The place and date of marriage, together with the Christian aud surname of her husband, and his address aud description so far as known.
Statute of Limitations. The date from which he relies that the
Release under any Statute relating to bankrupts or for the relief of insolvent debtors
6 Statutory defence in an
action of tort
Tender.
7
Tender
Equitable outate.
Pleadings.
Particulars in certain cases
8 Any equitable estate, or right of relief on any equitable ground
Statute begins to run.
The date of his certificate, discharge, or final order, and the Court by which such certificate, discharge, or final order was granted or made.
The year, chapter, and section of the Statute on which he relies, or the short title thereof.
Amount of tender, and in respect of
what portion of the claim.
NOTE. This defence is not avail- able unless at the time of filing the notice the defendant pays into Court (which may be without cests) the amount alleged to have been tendered.
The circumstances which give rise to such defence, and each of the grounds of equitable defence set forth separately.
Pleadings and Issues.
120. There shall ordinarily be no written pleadings; but the Court may at any time, if it thinks fit, order the plaintiff to put in a written statement of his claim, or a defendant to put in a written statement of his defence.
121. In all cases in which the party pleading relies on any misre- presentation, fraud, breach of trust, wilful, or undue influence, par- ticulars thereof shall be delivered to the other side before the return day, or such other day as the Court may fix.