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Staying proceedings,
Number of copies.
Order for service,
Motion that petition be dimissed without any
42
KULES OF SUPREME COURT
Defective Petition.
40. Where a petition is defective on the face of it by reason of non-compliance with any provision of these Rules, the Court may, either on application by a defendant or of its own motion, make an order to stay proceedings until the defect is remedied.
The Court shall, of its own motion, make an order to stay proceedings on a defective petition, where the defect is patent and serious, and comes to the knowledge of the Court before service of the petition on the defendant.
Copies for Service.
41. Where there is only one defendant, one copy of the petition" and of any schedule thereto, for service, is to be left with the Court together with the original; where there are two or more defendants. as many copies as there are parties to be served are to be left. together with the original.
Service of Petition.
42. The plaintiff on filing his petition must obtain an order for service of it on the defendant.
Every order for service shall specify a reasonable time after service, ordinarily not more than eight days, within which the defendant must put in his answer,
Defence on Ground of Law.
43. Where a defendant conceives that he has a good legal or answer being required equitable defence to the petition, so that even if the allegations of fact in the petition were admitted or clearly established, yet the plaintiff would not be entitled to any decree against him (the defendant), he may raise this defence by a motion that the petition be dismissed without any answer being required from him.
Order.
Costs.
Further time to answer"
The motion paper shall be filed within the time allowed for putting in an answer.
It must state briefly the grounds of law on which the defendant intends to rely at the hearing of the motion.
The motion shall be heard and disposed of at as early a time as may be.
For the purposes of the motion the defendant shall be taken to admit the truth of the allegations of fact in the petition, and no evidence as to matters of fact or discussion of questions of fact shall be admitted at the hearing of the motion.
On hearing the motion the Court shall either dismiss the petition or order the defendant to put in an answer within a short time to be named in the order, and may give leave to the plaintiff to amend his petition if it appears requisite, and may impose such terms as justice requires.
Where, on the hearing of the motion, any grounds of law are urged in support of the motion beyond those stated in the motion paper, and the grounds stated therein are disallowed, the defendant shall be liable to pay the same costs as if the motion were wholly refused, although the grounds of law newly urged are allowed, unless the Court thinks fit in any case to order otherwise.
Answer.
44. The defendant may obtain further time of putting in his answer on summons, stating further time required, and the reason why it is required.
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