A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
statement of defence after.
145.-(1.) If the defendant neglects to file a statement of defence within the time or further time allowed, as the case may be, he shall not be at liberty to file a statement of defence without the leave of the Court or the consent of the plaintiff.
(2.) The Court may grant such leave, on such terms as may seem just, by order made on the application of the defendant.
146.-(1.) The statement of defence must deny all such material allegations in the statement of claim as the defendant intends to deny at the trial.
(2.) In an action for a debt or liquidated demand in money comprised in section 19, a mere denial of the debt shall be inadmissible.
(3.) In an action upon a bill of exchange, promissory note, or cheque, a defence in denial must deny some matter of fact, as, for example, the drawing, making, indorsing, accepting, or notice of dishonour of the bill or note:
147. No denial or defence shall be necessary as to damages claimed or their amount; but they shall be deemed to be put in issue in all cases, unless expressly admitted.
148. Where the Court is of opinion that any allegation of fact denied or not admitted by the statement of defence ought to have been admitted, the Court may make such order as may be just with respect to any extra costs occasioned by its having been denied or not admitted.
expiration of time H. K. Code,
§. 33 (4.), (6.),
(6.)
Mode of denying allegations made in statement of claim.
16. s. 33 (9.)
0.21 rr. 1, 2.
No denial necessary as to damages. Ib. r. 4..
Costs of allegation improperly denied or not admitted. Ib. r. 9.
Plea of general issue.
Ib. r. 19.
chac may be f Ord. 36/11 § 10 (3)
149. Where a party pleads the general issue, intending to give the special matter in evidence by virtue of an Act of Parliament or Ordinance, he shall insert in the margin of his pleading the words "by statute" together with the year of the reign in which the Act of Parliament on which he relies was passed, and also the chapter and section of such Act or the year, number, and section of the Ordinance on which he relies, as the case may be, and shall specify whether such Act or Ordinance is public or otherwise; otherwise such defence shall be taken not to have been pleaded by virtue of an Act of Parliament or Ordinance.
150. No plea or defence shall be pleaded in abatement.
151. After the filing of the statement of defence, the defendant shall forthwith cause a copy thereof under the Seal of the Court to be served on the plaintiff.
Certain Special Defences.
Plea in abatement.
Db. r. 20.
Service of statement of defence on plaintiff. Now.
152. With a defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court.
Defence of tender before action. -0. 22 r. 3.
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