The holder of a Bill or Note may, if he thinks fit, obtain one Summons under the present provisions against all or any of the parties to the Bill or Note; and such Summons shall be the commencement of a Suit or Suits against the parties therein named respectively; and all subsequent proceedings against such respective Parties shall be carried on, as far as may be, as if separate Summonses had issued.
But the Summons or its Indorsement must set forth the claims against the parties respectively, according to their respective alleged Liabilities, with sufficient precision and certainty to enable each Defendant to set up any defence on which he individually may desire to rely.
# Institution of Formal Suit
All Suits shall be commenced by a petition which shall be filed in the Supreme Court and entered in a book to be kept for the purpose, and called the Register of Civil Suits; and the Entries shall be numbered in Year according to the Order in which the plaint is presented. The Register shall be kept in the Form contained in the Schedule annexed hereto.
The petition shall contain the Name, Description and place of Abode of the plaintiff and of the Defendant so far as they can be ascertained, and a Narrative of the Material Facts, Matters, and circumstances on which the plaintiff relies, such Narrative being divided into paragraphs numbered consecutively, each paragraph containing, as nearly as may be, a Separate and Distinct Statement or Allegation, and shall pray specifically for the relief to which the plaintiff may conceive himself entitled, and also for general relief.
The petition must be as brief as may be consistent with a clear statement of the Facts on which the prayer is sought to be supported, and with Information to the Defendant of the Nature of the claim set up.
Documents must not be unnecessarily set out in the petition in hæc verba, but so much only of them as is pertinent and material may be set out, or the Effect and Substance of so much only of them as is pertinent and material may be given, without needless prolixity.
Dates and Sums shall be expressed in Figures and not in Words.
The petition may not contain any Statement of the mere Evidence by which the Facts alleged are intended to be proved, and may not contain any Argument of Law.
The Facts material to the establishment of the plaintiff's right to recover shall be alleged positively, briefly, and as clearly as may be, so as to enable the Defendant by his answer either to admit or deny any one or more of the Material allegations, or else to admit the truth of any or all of the allegations, but to set forth some other substantive Matter in his answer, by reason of which he intends to contend that the right of the plaintiff to recover or to any relief capable of being granted on the petition has not yet accrued or is released or barred or otherwise gone.
The petition must be signed by counsel in all cases except where the plaintiff sues in forma pauperis or obtains the Leave of the court to dispense with such Signature.
# Particulars of Demand
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.
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.
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.
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.
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.
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The holder of a Bill or Note may, if he thinks fit, obtain one Summons under the present provisions against all or any
of the parties to the Bill or Note; and such Summons shall be the commencement of a Suit or Suits against the parties therein named respectively; and all subsequent proceedings against such respective Parties shall be carried on, as far as may be, as if separate Summonses had issued.
But the Summons or its Indorsement must set forth the claims against the parties repectively, according to their respec- tive alleged Liabilities, with sufficient precision and certainty to enable each Defendant to set up any defence on which he indi- vidually may desire to rely,
Institution of Formal Suit.
All Suits shall be commenced by a petition which shall be filed in the Supreme court and entered in a book to be kept for the purpose,
and called the Register of civil Saits; and the Entries shall be numbered in Year according to the Order in which the plaint is presented. The Register shall be kept in the Form contained in the Schedule () hereunto annexed.
The petition shall contain the Name, Description and place of Abode of the plaintiff and of the Defendant so far as they can be ascertained, and a Narrative of the Material Facts, Matters, and circumstances on which the plaintiff relies, such Narrative being divided into paragraphs numbered consecutively, each paragraph containing, as nearly as may be, a Separato and Distinct Statement or Allegation, and shall pray specifically for the relief to which the plaintiff may conceive himself entitled, and also for general relief.
. The petition must be as brief as may be consistent with a clear statement of the Facts on which the prayer is sought to be supported, and with Information to the Defendant of the Nature of the claim set up.
Documents must not be unnecessarily set out in the petition in hæc verbo, but so much only of them as is pertinent and material may be set out, or the Effect and Substance of so much only of them as is pertinent and material may be given, without needless prolixity.
in Words.
. Dates and Sums shall be expressed in Figures and not
The petition may not contain any Statement of the mere Evidence by which the Facts alleged are intended to be proved, and may not contain any Argument of Law.
The Facts material to the establishment of the plain- tiff's right to recover shall be alleged positively, briefly, and as clearly as may be, so as to enable the Defendant by his answer either to admit or deny any one or more of the Material allega- tions, or else to admit the truth of any or all of the allegations, but to set forth some other substantive Matter in his answer, by reason of which he intends to contend that the right of the plain- tiff to recover or to any relief capable of being granted on the petition has not yet accrued or is released or barred or otherwise. gone.
P
The petition must be signed by counsel in all cases except where the plaintiff snes in forma pauperis or obtains the Leave of the court to dispense with such Signature.
Particulars of Demand.
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 articulars 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.
The plantiff 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.
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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.
Any variance between the items contained in the par- ticulars and the items proved at the hearing may be amended at the bearing either at once or on such Terms as to notice, adjourn- ment, or costs, as Justice requires.
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.
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