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the legal representative of such defendant, and whom he desires to be made the defendant in his stead; and the Court shall thereupon enter the name of such repre- sentative in the register of the suit in the place of such defendant, and shall issue an order to him to appear on a day to be therein mentioned to defend the suit; and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant and had been a party to the former proceedings in
the suit.
Marriage of Parties.
with the
XXII. The marriage of a woman, plaintiff or defendant, shall not cause the 1. C. 105. suit to abate, but the suit may notwithstanding be proceeded with to judgment, and the decree thereupon may be executed upon the wife alone; and if the case is one in which the husband is by law liable for the debts of his wife, the decree may, permission of the Court, be executed against the husband also; and in case of judg ment for the wife, execution of the decree may, with the permission of the Court, be issued upon the application of the husband, where the husband is by law entitled to the money or thing which may be the subject of the decree.
Bankruptcy of Parties.
XXIII. The bankruptcy or insolvency of the plaintiff in any suit which the I. c. 106. assignee might maintain for the benefit of the creditors, shall not be a valid objection to the continuance of such suit, unless the assignee shall decline to continue the suit and to give security for the costs thereof within such reasonable time as the Court may order; if the assignee neglect or refuse to continue the suit and to give such security within the time limited by the order, the defendant may, within eight days after such neglect or refusal, plead the bankruptcy of the plaintiff as a reason for abating the suit.
CHAPTER IV.
THE PETITION.
Form and Contents.
R. J. C. 11
XXIV. After the appearance of the defendant to the suit, or in case of non-ap- S. R. 27. pearance then by leave of the Court, the plaintiff may file in the Supreme Court a petition which shall contain the names, description and place of abode of the plaintiff and of the defendant so far as they can be ascertained, and shall correspond in those particulars with the writ of summons.
2. The petition shall then set out by way of narrative the material facts, matters and circumstances on which the plaintiff relies, such narrative being divided into paragraphs numbered consecutively, each paragraph coutaining, 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.
3. 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.
4. 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.
5. Dates and sums shall be expressed in figures and not in words.
6. 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
7. 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.
8. The petition must be signed by counsel in all cases, except where the plaintiff sues in formâ pauperis, or obtains the leave of the Court to dispense with such signature.
S. R. 28.
S. R. 29.
S. R. 33.
S. R. 34-37.
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Particulars of Demand.
XXV. 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.
2. An application for further or better particulars may be made by the defendant before answer, on summons.
3. 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, notwith standing that the sum claimed in the petition for debt or damages excceds the sum stated in the particulars.
4. 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.
5. 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.
6. 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.
XXVI. 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, 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,
Equitable Relief and Defence.
XXVII. Every petition is to be taken to imply an offer to do equity in the matter of the suit 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.
Parties.
XXVIII. Persons entitled to sue and suing on behalf of others, as guardians, executors, or administrators, or on behalf of themselves and others as creditors in a suit for administration, must state the characters in which they sue.
2. All persons having a joint cause of suit against any defendant ought ordinarily to be parties to the suit.
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