# In what cases.
# Effect of pur- ticulars.
# Amendment.
# Variance.
# Time.
# In what cases.
# Particulars of Demand.
55. Where the plaintiff's claim is for money payable in respect of any contract express or implied, or to recover the possession or the value of any goods wrongfully taken and detained or wrongfully detained by the defendant from the plaintiff, it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a schedule stating the particulars of his demand, in any form which shall give the defendant reasonably sufficient information as to the details of the claim. An application for further or better particulars may be made by the defendant before answer on summons.
56. The plaintiff shall not at the hearing obtain a decree for any sum exceeding that stated in the particulars, except for subsequent interest and the costs of suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds the sum stated in the particulars.
57. Particulars of demand shall not be amended except by leave of the Court; and the Court may, on any application for leave to amend, grant the same on its appearing that the defendant will not be prejudiced by amendment. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.
58. Any variance between the items contained in the particulars and the items proved at the hearing may be amended at the hearing either at once or on such terms as to notice, adjournment, or costs, as justice requires.
59. Where particulars are amended by leave of the Court or where further or better particulars are ordered to be given, the order shall state the time within which the amendment is to be made or the further or better particulars are to be given; and the order for service of the amended or further or better particulars shall state the time which the defendant is to have to put in his answer.
# Papers annexed.
60. Where the plaintiff seeks (in addition to or without any order for the payment of money by the defendant) to obtain, as against any person, any general or special declaration by the Court of his rights under any contract or instrument, or to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled, or to restrain any defendant by injunction, or to have any account taken between himself and any other or others, and in such other cases as the nature of the circumstances makes it necessary or expedient, the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the petition, where such papers or documents are brief, or may state any reason for not annexing copies of such papers or documents, or any of them respectively (as, their length, possession of copies by the defendant, loss, or inability to procure copies) that he may have to allege. The plaintiff shall, in his petition, offer to allow the defendant to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.
# On application of defendant.
# Costa.
# Libellous or offensive expressions.
# Amendment
# Amendment.
61. Any plaintiff not giving sufficient information to enable the defendant reasonably to understand the nature and particulars of the claim set up against him may be ordered, on the application of the defendant before answer, to amend his petition. The plaintiff may be ordered to annex copies of, or produce for inspection, such papers or documents in his possession or power as he has referred to in the petition, and as the defendant is entitled to inspect for the purposes of the suit.
62. The Court may in such cases make such order as to costs as justice requires, and stay proceedings until the order is complied with.
63. If any petition contains libellous or needlessly offensive expressions, the Court may, either of its own motion before service thereof, or on the application of the defendant, order the petition to be amended, and make such order as to costs as justice requires.
64. A petition may be amended at any time before answer on application by leave of the Court obtained ex parte by plaintiff. Notice of the amendment shall be given to the defendant within such time and in such manner as the Court directs.
# Effect of petition.
# Equity.
65. Every petition is to be taken to imply an offer to do equity in the matter of the suit commenced by it, and to admit of any equitable defence, and, on the other hand, to enable the plaintiff to obtain at the hearing any such equitable relief as he may appear entitled to from the facts stated and proved, though not specifically asked, if it may be granted without hardship to the defendant.
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In what cases.
Effect of pur- ticulars.
Amendment.
Variance.
Time.
In what cases.
Particulars of Demand.
55. Where the plaintiff's claim is for money payable in respect of any contract express or implied,--or to recover the possession or the value of any goods wrongfully taken and de- tained or wrongfully detained by the defendant from the plain- tiff-it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a schedule stating the particulars of his demand, in any form which shall give the defendant reasonably sufficient information. as to the details of the claim. An application for further or better particulars may be made by the defendant before answer,
on suminons.
56. The plaintiff shall not at the hearing obtain a decree for any sum exceeding that stated in the particulars, except for subsequent interest and the costs of suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds the sum stated in the particulars.
57. Particulars of demand shall not be amended except by leave of the Court; and the Court may, on any application for leave to amend, grant the same on its appearing that the defendant will not be prejudiced by amendment. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.
58. Any variance between the items contained in the ticulars and the items proved at the hearing may be amended at par- the hearing either at once or on such terms as to notice, adjourn- ment, or costs, as justice requires.
59. Where particulars are amended by leave of the Court or where further or better particulars are ordered to be given, the order shall state the time within which the amendment is to be made or the further or better particulars are to be given; and the order for service of the amended or further or better particulars shall state the time which the defendant is to have to put in his answer.
Papers annexed.
60. Where the plaintiff seeks (in addition to or without any order for the payment of money by the defendant) to obtain, as against any person, any general or special declaration by the Court of his rights under any contract or instrument, or to set aside any contract, or to have any bond, bill, note, or instru- ment in writing delivered up to be cancelled, or to restrain any defendant by injunction,--or to have any account taken between himself and any other or others, and in such other cases as the nature of the circumstances makes it necessary or expedient,-- the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the peti- tion, where such papers or documents are brief, or may state any reason for not annexing copies of such papers or documents, or any of them respectively (as, their length, possession of copies by the defendant, loss, or inability to procure copies,) that he may have to allege. The plaintiff shall, in his petition, offer to allow Inspection, the defendant to inspect such papers and documents as afore- said, or such of them as are in his possession or power.
On application of defendant.
Costa.
Libellous or offensive ex- pressions.
Amendment
Amendment.
61. Any plaintiff not giving sufficient information to enable the defendant reasonably to understand the nature and particulars of the claim set up against him may be ordered on the application of the defendant before answer, to amend his petition. The plaintiff may be ordered to annex copies of, or produce for ins- pection, such papers or documents in his possession or power as he has referred to in the petition, and as the defendant is entitled to inspect for the purposes of the suit.
62. The Court may in such cases make such order as to costs as justice requires, and stay proceedings until the order is complied with.
63. If any potition contains libellous or needlessly offen- sive expressions, the Court may either of its own motion before service thereof, or on the application of the defendant, order the petition to be amended, and make such order as to costs as justice requires.
64. A petition may be amended at any time before answer on application by leave of the Court obtained ex parte. of plaintiff.
Effect of petition.
Notice of the amendment shall be given to the defen- dant within such time and in such manner as the Court directs.
Equity.
65. Every petition is to be taken to imply an offer to do equity in the matter of the suit commenced by it, and to admit of any equitable defence, and, on the other hand, to enable the plaintiff to obtain at the hearing any such equitable relief as he inay appear entitled to from the facts stated and proved, though not specifically asked, if it may be granted without hardship to the defendant.
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