Answer.

Form of answer.

parties cited, and Bervice of

answer.

16

Form 3 or, as the case may be, by a notice of proceedings in accordance with Form 6, a form of acknowledgment of service in accordance with Form 4, and a memorandum of appearance in duplicate in accordance with whichever of Forms 5 or 7 is appro- priate. The provisions of rules 10 and I shall apply to amended petitions and supplemental petitions as they apply to petitions.

18. (1) A respondent, co-respondent or person named who has entered an appearance to a petition and who wishes to defend all or any charges made therein shall, within fourteen days after the expiration of the time limited for the entry of appearance, file an answer to the petition by sending it by pre-paid post to, or by leaving it at, the registry:

Provided that a co-respondent or person named, whether made a respondent or not, who indicates in the memorandum of appearance that he intends only to deny the charges of adultery, or any of them, shall be entitled, without filing an answer, to defend at the trial by denying such charges.

(2) Where the time limited for entry of appearance has expired and no appearance has been entered, then, if the registrar's certificate is granted under rule 30, the time for filing an answer shall be deemed to have expired, notwithstanding that the said period of fourteen days has not elapsed.

17. (1) Every answer or subsequent pleading containing more than a simple denial of the facts stated in the petition or answer, as the case may be, shall set out with sufficient particu- larity the facts relied upon but not the evidence by which they are to be proved, and, if the answer or subsequent pleading is filed by the husband or wife, it shall, in relation to those facts, contain the information required by sub-paragraphs (1) and (x) of rule 5(0) in the case of a petition, and shall be supported by an affidavit verifying the facts of which the deponent has personal knowledge and deposing as to belief in the truth of the other facts. The affidavit shall be contained in the same document as the answer or subsequent pleading and shall follow at the foot or end thereof.

(2) Where the answer of a husband alleges adultery and prays for relief, or where the answer of a husband or a wife contains a claim for costs against an alleged adulterer, the alleged adulterer shall, if living at the date of the filing of the answer, be added to the title of the cause as "A.B. cited" and shall,

17

unless otherwise directed, be served with a copy of the answer accompanied by a notice of proceedings in accordance with Form 6, a form of acknowledgment of service in accordance with Form 4. and a memorandum of appearance in duplicate in accordance with Form 7, as if it were a petition.

(3) Where the answer of a husband alleges adultery, but does not pray for relief and does not contain a claim for costs against the alleged adulterer, or where the answer of a wife alleges adultery or sodomy with a person named, a copy of the answer shall, unless otherwise directed, be served on the alleged adulterer or person named, together with a notice of proceedings in accordance with Form 6, a form of acknowledgment of service in accordance with Form 4, and a memorandum of appearance in duplicate in accordance with Form 7, and the alleged adulterer or person named shall be entitled to appear and intervene in the proceedings.

(4) Service of a copy of an answer under either of paragraphs (2) and (3) shall be effected and proof of service shall be given in the manner provided for by rules to and in the case of service of a copy of a petition on a co-respondent.

(5) A party cited or person named in an answer who has entered an appearance to the answer and who wishes to defend ail or any charges made therein shall, within fourteen days after the expiration of the time limited for the entry of appearance, file an answer to the charges by sending it by pre-paid post to, or by leaving it at, the registry :

Provided that a party cited or person named in an answer who indicates in the memorandum of appearance that he intends only to deny the charges of adultery, or any of them, shall be entitled, without filing an answer, to defend at the trial by denying such charges.

(6) Every answer or subsequent pleading shall, if settled by counsel, be signed by him. If not settled by counsel, the pleading shall be signed by the solicitor for the party liling it, or by that party if he is acting in person.

18. (1) No reply shall be filed without leave except where the Reply. answer contains counter-charges and a prayer for relief, in which case a reply may be filed within fourteen days from the delivery of the answer.

(2) No subsequent pleading shall be filed without leave.

Share This Page