301
Staying proceedings.
Number of copies.
Order for service.
"Motion that petition be dismissed without any
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same parties but not in the same rights, the petition may on the application of any defendant be dismissed.
In case such application is made within the time for answer the petition may be dismissed, with substantial costs to be paid by the plaintiff to the defendant making the application; but in case the application is not made within the time for answer, the petition, when the defect is brought to the notice of the Court, may be dismissed without costs, or on payment of Court fees only, as to the Court seems just.
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 equitable defence to the petition, so that even if the allegations of fact in the petition were admitted or clearly established, yet answer being 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.
required.
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.
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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 peti- Order. tion 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 Costs. urged in support of the motion beyond those stated in the motion- paper, and the grounds stated therein are disallowed, the defen- dant 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 for putting in his Further time answer, on summons stating the further time required and the to answer. reasons why it is required.
The application when made, unless consented to, must be supported by affidavit or by oral evidence on oath, showing that there is reasonable ground for the application, and that it is not made for the purpose of delay.
45. Where a defendant does not put in any answer he shall Effect of
not be taken as admitting the allegations of the petition, or the defendant not plaintiff's right to the relief sought; and at the hearing (even answering. though such defendant does not appear) the plaintiff must open
his case, and adduce evidence in support of it, and take such judgment as to the Court appears just.
46. A defendant neglecting to put in an answer within the Leave to time or further time allowed shall not be at liberty to put in answer after any answer without leave of the Court.
The Court may grant such leave by order on the ex parte application of the defendant at any time before the plaintiff has set down the cause or applied to have it set down for hearing.
Where the cause has been set down or the plaintiff has applied to have it set down for hearing, the Court shall not grant such leave except on return of a summons to the plaintiff giving notice of the defendant's application, and on such terms as to costs and other matters as seem just.
time allowed.
47. The answer (Form 6.) shall show the nature of the Form and defendant's defence to the claim set up by the petition, but contents of may not set forth the evidence by which such defence is intended answer. to be supported.
11851.
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