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In what cases.
Contents of petition,
In what cases..
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V.-SUITS FOR SUMS OF 100 DOLLARS AND UPWARDS.
Petition.
26. Subject to the foregoing provisions, where the claim which any person desires to enforce by proceedings in the Court relates to money, goods, or other property of the amount or value of 100 dollars or upwards,-or relates to or involves directly or indirectly a question respecting any matter at issue, of the amount or value of 100 dollars or upwards, or is for the recovery of damages of the amount of 100 dollars or upwards, -proceedings shall be commenced by the filing of a petition (Form 5.).
27. The petition shall contain a narrative of the material facts, matters, and circumstances on which the plaintiff relies, such narrative being divided into paragraphs numbered consecutively, each paragraph containing, as nearly as may be, a separate and distinct statement or allegation, and shall pray specifically for the relief to which the plaintiff may conceive himself entitled, and also for general relief.
The petition must be as brief as may be consistent with a clear statement of the facts on which the prayer is sought to be supported, and with information to the defendant of the nature of the claim set up.
Documents must not be unnecessarily set out in the petition in hæc verba, but so much only of them as is pertinent and material may be set out, or the effect and substance of so much only of them as is pertinent and material may be given, without needless prolixity.
Dates and sums shall be expressed in figures and not in words. The petition may not contain any statement of the mere evidence by which the facts alleged are intended to be proved, and may not contain any argument of law.
The facts material to the establishment of the plaintiff's right to recover shall be alleged positively, briefly, and as clearly as may be, so as to enable the defendant by his answer either to admit or deny any one or more of the material allega- tions, or else to admit the truth of any or all of the allegations, but to set forth some other substantive matter in his answer, by reason of which he intends to contend that the right of the plaintiff to recover or to any relief capable of being granted on the petition has not yet accrued or is released or barred or otherwise gone.
Particulars of Demand.
28. Where the plaintiff's claim is for money payable in respect of any contract express or implied, or to recover the possession or the value of any goods wrongfully taken and detained or wrongfully detained by the defendant from the
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plaintiff, it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a schedule stating the particulars of his demand, in any form which shall give the defendant reasonably sufficient information as to the details of the claim.
An application for further or better particulars may be made
by the defendant before answer, on summons.
The plaintiff shall not at the bearing obtain a decree for Effect of any sum exceeding that stated in the particulars, except for particulars. subsequent interest and the costs of suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds
the sum stated in the particulars.
Particulars of demand shall not be amended except by Amendment. leave of the Court; and the Court may, on any application for leave to amend, grant the same on its appearing that the defendant will not be prejudiced by amendment. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice re- quires.
Any variance between the items contained in the particulars Variance. and the items proved at the hearing may be amended at the hearing either at once or on such terms as to notice, adjourn- ment, or costs, as justice requires.
Where particulars are amended by leave of the Court or Time. where further or better particulars are ordered to be given, the order shall state the time within which the amendment is to be made or the further or better particulars are to be given; and the order for service of the amended or further or better particulars shall state the time which the defendant is to have to put in his
answer.
Papers annexed.
29. Where the plaintiff seeks (in addition to or without In what cases. any order for the payment of money by the defendant) to obtain, as against any person, any general or special de- claration by the Court of his rights under any contract or instrument, or to set aside any contract,ur to have
any bond, bill, note, or instrument in writing delivered up to be cancelled, -or to restrain any defendant by injunction,-or to have any account taken between himself and any other or others, and in such other cases as the nature of the circumstances makes it necessary or expedient,-the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the petition, where such papers or docu- ments are brief, or may state any reason for uot annexing copies of such papers or documents, or any of them respectively (as, their length, possession of copies by the defendant, loss, inability to procure copies,) that he may have to allege. The plaintiff
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