CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1149
131. No technical objection shall be raised to any pleading on the ground of any alleged want of form.
Technical objection. O. 19, r. 26.
132. The court may, at any stage of the proceedings, order to be struck out or amended any matter in any indorsement or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass, or delay the fair trial of the action; and may in any such case, if it thinks fit, order the costs of the application to be paid as between solicitor and client.
O. 19, r. 27.
[s. 133, rep. No. 36 of 1911.]
134. Every pleading shall be as brief as the nature of the case will admit, and the Registrar, in taxing the costs of the action, shall at the instance of any party, or may of his own motion, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same.
Costs of prolix pleading. O. 19, r. 2.
Statement of claim.
135.—(1) After the appearance of the defendant to the action, or in case of his non-appearance, then by leave of the court, the plaintiff may file in the Registry a statement of his claim and of the relief or remedy required in the action.
Filing of statement of claim. s. 24 (1). O. 20, r. 1
(2) At any time after his appearance to the action, the defendant may give notice in writing to the plaintiff or his solicitor requiring him to file his statement of claim; and the plaintiff shall, unless otherwise ordered by the court, file his statement of claim within five weeks from the time of his receiving such notice.
(3) Where leave to defend is given under sections 23 or 24, it shall not be necessary to file a further statement of claim, unless otherwise ordered at the hearing of the summons for judgment.
(b), (c). Form No. 15. Schedule. H. K. Code,
136. The statement of claim shall specify the name, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of summons.
Description of parties. s. 24 (1).
137. The statement of claim may alter, modify, or extend the plaintiff's claim without any amendment of the indorsement on the writ of summons.
Claim beyond indorsement on writ. O. 20, r. 4.