CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
737
(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.
No denial necessary as to damages. O. 21, r. 4.
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.
Costs of improper allegation denied or not admitted. O. 21, r. 9.
Plea of general issue.
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" or "by Ordinance", as the case may be, 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.
O. 21, r. 19.
150. No plea or defence shall be pleaded in abatement.
Plea in abatement. O. 21, r. 20.
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.
Service of statement of defence on plaintiff.
Payment into and out of court.
152. (1) In any action for a debt or damages or in an Admiralty action the defendant may at any time after appearance upon notice to the plaintiff pay into court a sum of money in satisfaction of the claim or (where several causes of action are joined in one action) in satisfaction of one or more of the causes of action: Provided that with a defence setting up tender before action the sum of money alleged to have been tendered must be brought into court.
* As amended by Law Rev. Ord., 1939.
Payment into court.
r. 1.