TO
Effect of
answer at
hearing.
Summons to compel
18
It should be clear and precise, and not introduce matter irrelevant to the suit, and the rules before laid down respecting the setting out of documents and the contents of a petition generally shall be observed in an answer, mutatis mutandis.
It must deny all such material allegations in the petition as the defendant intends to deny at the hearing.
Where the answer denies an allegation of fact, it must deny it directly and not by way of negative pregnant: as (for example) where it is alleged that the defendant has received a sum of money, the answer must deny that he has received that sum or any part thereof, or else set forth what part he has received. And so, where a matter of fact is alleged in the petition, with certain circumstances, the answer must not deny it literally as it is alleged, but must answer the point of substance positively and certainly.
The answer must specifically admit such material allega- tions in the petition as the defendant knows to be true or desires to be taken as admitted. Such admission, if plain and specific, will prevent the plaintiff from obtaining the cost of proving at the hearing any matters of fact so admitted.
All material allegations of fact admitted by a defendant shall be taken as established against him without proof thereof by the plaintiff at the hearing. But the plaintiff shall be bound to prove as against each defendant all allegations of fact not admitted by him, or not stated by him to be true to his belief.
The answer must allege any matter of fact not stated in the petition on which the defendant relies in defence,-as establish- ing, for instance, fraud on the part of the plaintiff, or showing that the plaintiff's right 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.
48. The answer of a defendant shall not debar him at the hearing from disproving any allegation of the petition not ad- mitted by his answer, or from giving evidence in support of a defence not expressly set up by the answer,-except where the defence is such as, in the opinion of the Court, ought to have been expressly set up by the answer, or is inconsistent with the statements of the answer, or is, in the opinion of the Court, likely to take the plaintiff by surprise, and to raise a fresh issue or fresh issues of fact or law not fairly arising out of the pleadings as they stand, and such as the plaintiff ought not to be then called upon to try.
Specific Answer.
49. Where the defendant does not answer or puts in an answer amounting only to a general denial of the plaintiff's claim, the plaintiff may apply by summons for an order to compel him to answer specifically to the several material allega-
19
tions in the petition; and the Court, if such allegations are briefly, positively, separately, and distinctly made, and it thinks that justice so requires, may grant such an order.
The defendant'sball, within the time limited by such order, Nature of put in his answer accordingly, and shall therein answer the answer. several material allegations in the petition either admitting or denying the truth of such allegations seriatim, as the truth or falsehood of each is within his knowledge, or (as the case may be) stating as to any one or more of the allegations that he does not know whether such allegation or allegations is or are true or otherwise.
The defendant so answering may also set up by such answer any defence to the suit, and may explain away the effect of any admission therein made by any other allegation of facts.
Interrogatories.
50. Where an answer so put in fails substantially to comply In what cases. with the terms of the order, by reason of any one or more of the material allegations not being either denied or admitted thereby, or not being met by a statement in the answer that the defendant does not know whether such allegation or alle- gations is or are true or otherwise, the plaintiff may apply to the Court to examine the defendant on written interrogatories; and the Court may, if it sees fit, examine the defendant accordingly on written interrogatories, allowed by the Court, and embodying material allegations of the petition in an inter- rogative form, and may reduce the answers of the defendant to writing,
Such answers shall be taken for the purposes of the suit to be a part of the defendant's answer to the petition.
Oath
51. The Court may, where the circumstances of the case Power of appear to require it, order the defendant to put in an answer on Court to oath.
require.
Tender.
52. A defence alleging tender by the defendant must be Payment into accompanied by payment into Court of the amount alleged to
Court. have been tendered.
Set-off
53. A defence of set-off to a claim for money, whether in debt Particulars.
or in damages, must be accompanied by a statement of particulars
of set-off; and if pleaded as a sole defence, unless extending to the whole amount of the plaintiff's claim, must also be accom panied by payment into Court of the amount to which, on Payment into the defendant's showing, the plaintiff is entitled; and in default
Court.
B 2
108