The answer must specifically admit such material allegation 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 establishing 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.
The answer must be signed by counsel unless he obtain leave of the court to dispense with such signature.
The answer of a Defendant shall not debar him at the hearing from disproving any allegation of the petition not admitted 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. 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 several material allegations in the petitions; 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 shall, within the Time limited by such Order, put in his answer accordingly, and shall therein answer the 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.
In all Suits by Order of the court the Plaintiff may with the petition and Defendant may with the Answer either of them by leave of the court may at any other Time deliver to the opposite party or his Attorney or Solicitor, Interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or, in the case of a body corporate, any of the Officers of such body corporate within 10 days or such other period as the court may direct to answer the questions in writing upon Oath or declaration: Provided always that the court may on the application of the party interrogated strike out or permit to be amended any Interrogatory which in the Opinion of the court may be exceptionable.
Any party or Officer omitting without just cause, sufficiently to answer all questions as to which a discovery may be sought within the above Time or such extended Time as the court shall have allowed, shall be deemed to have committed a contempt of the court and shall be liable to be proceeded against accordingly.
Where an answer so put in fails substantially to comply 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 allegations 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 interrogative 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.
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