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Abolition of demurrer. O.25, r.1.
Right of party to raise point of law No.3 of 1901. CODE OF CIVIL PROCEDURE.
Proceedings in lieu of demurrer.
173. No demurrer shall be allowed in any action or other proceeding.
174. Any party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed by pleading, or 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.
and procedure thereon. O.25, r.2. Schedule. Form No.19.
Dismissal of action, etc., on point of law, O.25, r.3.
Striking out pleading where no reasonable cause of action disclosed, etc. O.25, r.4.
Declaratory order.
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.
176. The court may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or defence, and in any such case, or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the court may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.
177. No action or other proceeding shall be open to judgment or objection on the ground that a merely declaratory judgment or order is sought thereby; and the court may make binding declarations of right whether any consequential relief is or could be claimed or not.
O.25, r.5.
Amendment of indorsement, etc. O.28, r.1.
CHAPTER V.
AMENDMENT.
178. The court may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleading or particulars, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
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