CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1173
defence or reply.
A ground of defence or reply may be raised by the defendant in his statement of defence, alone or together with any other ground of defence, before the time limited for his doing so has expired.
H. K. Code, s. 63.
(2) If, after a statement of defence has been filed, any ground of defence arises to any set-off alleged therein by the defendant, it may be raised by the plaintiff in his reply, if any, either alone or together with any other ground of reply.
171. Where any ground of defence arises after the defendant has filed his statement of defence, or after the time limited for his doing so has expired, the defendant may, and where any ground of defence to any set-off or counterclaim arises after reply, if any, or after the time limited for filing a reply, if any, has expired, the plaintiff may, within 8 days after such ground of defence has arisen, or at any subsequent time by leave of the Court, file a further statement of defence or further reply, as the case may be, setting forth the same.
ib. r. 2.
172. Where the defendant, in his statement of defence or in a further statement of defence as in the last section mentioned, alleges any ground of defence which has arisen after the commencement of the action, the plaintiff may file a confession of such defence, and may thereupon sign judgment for his costs up to the time of the pleading of such defence, unless the Court, either before or after the filing of such confession, otherwise orders.
ib. r. 3.
Proceedings in lieu of Demurrer.
**
173. No demurrer shall be allowed in any action or other proceeding.
Abolition of demurrer. O. 25 r. 1.
174. Any party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the Court at or after the trial, provided that, by consent of the parties, or by order of the Court on the application of any party, the same may be set down for hearing and disposed of at any time before the trial.
ib. r. 2.
form 19.
175. If, in the opinion of the Court, the decision of such point of law substantially disposes of the whole action or of any distinct cause of action, ground of defence, set-off, counterclaim, or reply therein, the Court may thereupon dismiss the action or make such other order therein as may be just.
* As amended by No. 50 of 1911.