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3. Where the plaintiff has a joint and several demand against several persons, either as principal or as sureties, it is not necessary for him to bring before the Court as parties to a suit concerning such demand all the persons liable thereto, but he may proceed against one or more of the persons severally liable.
R. J. C. 12.
4. If it appear to the Court, at or before the hearing of a suit, that all the persons who 1.C. 13. may be entitled to, or who claim some share or interest in the subject-inatter of the suit, and who may be likely to be affected by the result, have not been made parties to the suit, the Court may adjourn the hearing of the suit to a future day to be fixed by the Court, and direct that such persons shall be made either plaintiffs or defendants in the suit, as the case may be. In such case the Court shall issue a notice to such persons in the manner provided in this Ordinance for the service of a summons on a defendant.
5. In case a petition states two or more distinct causes of suit, by and against the S. R. 39. same parties, and in the same rights, the Court may, either before or at the hearing, if it appears inexpedient to try the different causes of suit together, order that different records be made up, and make such order as to adjournment and costs as justice requires.
6. In case a petition states two or more distinct causes of suit, but not by and against the same parties, or by and against the same parties, but not in the same rights, the petition may on the application of any defendant be dismissed.
7. In case such application is made within the time for answer, the petition may be dismissed, with costs to be paid by the plaintiff to the defendant making the appli- cation; 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.
Service of Petition.
XXIX. As soon as practicable after the filing of the petition, the plaintiff shall cause a copy thereof under the seal of the Court to be served upon every defend- ant to the suit and such copy shall contain a memorandum endorsed thereon requiring the defendant to file an answer to the petition within ten days from the day of such service: Provided always that no such service of the petition shall be required to be made upon any defendant who has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the Court to proceed with his suit ex parte.
Staying Proceedings for Defect in Petition.
XXX. Where a petition is defective on the face of it by reason of non-com- pliance with any provision of the code, the Court may, either on application by a defend- ant, or of its own motion, make an order to stay proceedings until the defect is remedied.
2. The Court may 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.
Dismissal of Petition on Ground of Law.
S. R. 40.
XXXI. Where a defendant conceives that he has a good legal or equitable de- S. R. 43. fence to the petition, so that even if the allegations of fact in the petition were admitted or clearly established, 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.
Amendment of Petition.
XXXII. Any plaintiff not giving sufficient information to enable the defendant S. R. 50-32. 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.
2. 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.
S. B. 44-48.
(15)
3. The Court may in such cases make such order as to costs as justice requires, and stay proceedings until the order is complied with.
4. If any petition contains libellous or needlessly offensive expression, 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, 5. A petition may be amended at any time before answer by leave of the Court obtained ex parte.
6. Notice of the amendment shall be given to the defendant within such time and in such manner as the Court directs.
CHAPTER V.
THE ANSWER-REPLICATION----INTERROGATORIES-SETTLEMENT OF ISSUES.
Form and Contents.
XXXIII. The defendant must file in the Court an answer to the petition within ten days from the date of the service thereof: Provided always that he obtain further time où summons stating the further time required, and the reasons why it is required. A
2. 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.
3. 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, aud take such judgment as to the Court appears just.
4. A defendant neglecting to put in an answer within 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.
5. 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.
6. 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.
7. 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.
8. It should be clear and precise, and not introduce matter irrelevant to the suit, and the rules before laid down respecting the setting of the documents and the con- tents of a petition generally shall be observed in answer, mutatis mutandis.
9. It must deny all such material allegations in the petition as the defendant intends to deny at the hearing,
10. 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 cer- tainly.
11. The answer must specifically admit such material allegation 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 bearing any matters of fact so admitted.
12. All material allegations of fact admitted by a defendant shall be taken as established against him without proof thereof by the plaintiff at the hearing. But the plaintiff shall be bound to prove as against cach defendant all allegations of fact not admitted by him, or not stated by him to be true to his belief.
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