Motion that petition be dismissed without any
tain a memorandum endorsed thereon requiring the defendant to enter an appearance to the suit within eight days from the day of such service.
Defence on Ground of Law.
76. 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, answer being 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. The motion paper shall be filed within the time required.
Order.
Costs.
Further time to answer.
Effect of defendant not answering.
Leave to answer after 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.
77. 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.
78. 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.
79. The defendant must file in the Court an answer to the petition within sixteen days from the date of the service thereof: Provided always that he may obtain further time on summons stating the further time required, and the reasons why it is required. The application when made, unless consented to, must be supported by affidavit or by oral evidence on oath, shewing that there is reasonable ground for the application, and that it is not made for the purpose of delay.
80. Where a defendant does not put in any answer he shall not be taken as admitting the allegations of the petition, or the plaintiff's right to the relief sought; and at the hearing (even 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.
81. A defendant neglecting to put in an answer within time allowed, the time or further time allowed shall not be at liberty to put in an answer without leave of the Court, or consent of parties. The Court may grant such leave or 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.
Form and contents of answer.
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 defendant's application, and on such terms as to costs and other matters as seem just.
82. The answer shall show the nature of the defendant's defence to the claim set up by the petition, but may not set forth the evidence by which such defence is intended to be supported.
It should be clear and precise and not introduce matter irrelevant to the suit, and the rules before laid down respecting the setting out of documents and the contents of a petition generally shall be observed in the answer, mutatis mutandis.
It must deny all such material allegations in the petition as the defendant intends to deny at the hearing.
Where the answer denies an allegation of fact, it must deny it directly and not by way of negative pregnant: as (for example) where it is alleged that the defendant has received a sum of money, the answer must deny that he has received that sum or any part thereof, or else set forth what part he has received. And so, where a matter of fact is alleged in the petition, with certain circumstances, the answer must not deny it literally as it is alleged, but must answer the point of substance positively and certainly.
The answer must specifically admit such material allegations 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.
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:
Motion that petition be dismissed without any
tain a memorandum endorsed thereon requiring the defendant to enter an appearance to the suit within eight days from the day of such service.
Defence on Ground of Law.
76. Where a defendant conceives that he has a good legal or equitable defence to the petition, so that even if the allega tions of fact in the petition were admitted or clearly established, answer being 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. The motion paper shall be filed within the time
required.
Order.
Costs.
Further time
to answer.
Effect of de- fendant not answering.
Leave to
answer after
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.
77. 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.
78. 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.
79. The defendant must file in the Court an answer to the petition within sixteen days from the date of the service thereof: Provided always that he may obtain further time on summons stating the further time required, and the reasons why it is required. The application when made, unless consented to, must be supported by affidavit or by oral evidence on oath, shewing that there is reasonable ground for the application, and that it is not made for the purpose of delay.
80. Where a defendant does not put in any answer he shall not be taken as admitting the allegations of the petition, or the plaintiff's right to the relief sought; and at the hearing (even though such defendant does not appear) the plaintiff must open his case, and adduce evidence in support of it, and take such judg- ment as to the Court appears just.
81. A defendant neglecting to put in an answer within time allowed. the time or further time allowed shall not be at liberty to put ia
an answer without leave of the Court, or consent of parties.
The Court may grant such leave or order on the ex parte application of the defendant at any time before the plain- tiff has set down the cause or applied to have it set down for hearing.
Form and contents of
answer.
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 defendant's application, and on such terms as to costs and other matters as seem just.
82. The answer shall show the nature of the defendant's defence to the claim set up by the petition, but may not set forth the evidence by which such defence is intended to be sup- ported.
1
It should be clear and precise and not introduce matter irrelevant to the suit, and the rules before laid down respecting the setting out of documents and the contents of a petition gene- rally shall be observed in the answer, mutatis mutundis.
. It must deny all such material allegations in the peti-
tion as the defendant intends to deny at the ring.
Where the answer denies an allegru.on of fact, it must deny it directly and not by way of negative pregnant: as (for example) where it is alleged that the defendant has received a sum of money, the answer must deny that he has received that sum or any part thereof, or else set forth what part he has received. And so, where a matter of fact is alleged in the petition, with certain circumstances, the answer must not deny it literally as it is alleged, but must anwer the point of substance positively and certainly.
The answer must specifically admit such material alle- gations 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.
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