43
(16)
13. The auswer must allege any matter of fact not stated in the petition on which the defendant relies in defence, as establishing, for instance, fraud on the part of the plaintiff, or showing that the plaintiff's right to recover, or to any relief capable of being granted on the petition, has not yet accrued, or is released or barred or other- wise gone.
14. The answer must be signed by counsel unless he obtain leave of the Court to dispense with such signature.
15. The answer of a defendant shall not debar him at the hearing from disproving any allegation of the petition not admitted by his answer, or from giving evidence in support of a defence not expressly set up by the answer, except where the defence is such as, in the opinion of the Court, ought to have been expressly set up by the answer, or is inconsistent with the statements of the answer, or is, in the opinion of the Court, likely to take the plaintiff by surprise, and to raise a fresh issue or fresh issues of fact or law not fairly arising out of the pleadings as they stand, and such as the plaintiff ought not to be then called upon to try.
Tender.
XXXIV. A defence alleging tender by the defendant must be accompanied by S. R. 52. payment into Court of the amount alleged to have been tendered.
Set-off.
XXXV. A defence of set-off to a claim for money, whether in debt or in S. R. £3. damages, must be accompanied by a statement of particulars of set-off; and if pleaded fue Post as a sole defence, unless extending to the whole amount of the plaintiff's claim, must Cap. X. also be accompanied by payment into Court of the amount to which, on the defendant's 65 showing, the plaintiff is entitled; and in default of such payment, the defendant shall be liable to bear the costs of the suit, even if he succeeds in his defence to the extent of the set-off pleaded.
2. Where a defendant in his answer raises a defence by way of set-off which, in the opinion of the Court. is not admissible as set-off, the Court may either before or at the hearing, on his application, give him liberty to withdraw such defence and to file a cross petition, and may make such order for the hearing of the suit and cross suit together or otherwise, ou such terms as to costs and other matters as seein just.
Payment into Court.
XXXVI. Payment into Court by the defendant must be accompanied by an answer. The answer must state distinctly that the money paid in is paid in satisfaction of the plaintiff's claim generally, or (as the case may be) in satisfaction of some specific part of the plaintiff's claim, where the claim is stated in the petition for distinct sums or in respect of distinct matters.
2. Payment into Court, whether made in satisfaction of the plaintiff's claim generally, or in satisfaction of some specific part thereof, operates as an admission of liability to the extent of the amount paid in and no more, and for no other purpose. 3. Where the defendant pays money into Court, the plaintiff shall be at liberty to accept the same in full satisfaction and discharge of the cause of suit in respect of which it is paid in; and in that case the plaintiff may forthwith apply by motion for payment of the money out of the Court to him; and on the hearing of the motion the Court shall make such order 'as to stay of further proceedings in the suit in whole or in part, and as to costs and other matters, as seems just.
4. If the plaintiff does not so apply, he shall be considered as insisting that he has sustained damages to a greater amount, or (as the case may be) that the defendant was and is indebted to him in a greater amount, than the sum paid in; and in that case the Court, in determining the suit and disposing of costs at the hearing, shall have regard to the fact of the payment into Court having been made and not accepted.
S. N. 54.
S. R. 55.
S. R. 51.
S. R. 40.
S. R. 50.
8. R. 57.
(17)
Counter-Claim.
XXXVII. Where a defendant in his answer raises any specific defence, and it appears to the Court that on such defence being established he may be entitled to relief against the plaintiff in respect of the subject matter of the suit, the Court may, on the application of the defendant either before or at the hearing, if under the circumstance of any case it thinks fit, give liberty to him to file a counter-claim by a cross-petition in the same suit, asking for relief against the plaintiff, and may make such order for the hearing of the suit and counter-claim together or otherwise, and in such manuer and on such terms as to costs and other matters as seems just, and may, if in any case it secus fit, require the plaintiff to give security to the satisfaction of the Court (by deposit or otherwise) to abide by and perform the decision of the Court on the counter-claim.
Answer on Oath.
XXXVIII. The Court may, where circumstances of the case appear to require it, order the defendant to put in an answer on oath.
Specific Answer.
XXXIX. Where the defendant does not answer, or puts in an answer amounting only to a general denial of the plaintiff's claim, the plaintiff may apply by summons for an order to compel him to answer specifically to several material allegations in the petition; and the Court if such allegations are briefly, positively, separately, and dis- tinctly made, and it thinks that justice so requires, may grant such an order.
2. The defendant shall, within the time limited by such order, put in his answer accordingly, and shall therein answer the several material allegations in the petition either admitting or denying the truth of such allegations seriatim, as the truth or falsehood of each is within his kuowledge, or (as the case may be) stating as to any one or more of the allegations that he does not know whether such allegation or alleg ations is or are true or otherwise.
3. The defendant so answering may also set up by such answer any defence to the suit, and may explain away the effect of any admission therein made by any other allegation of facts.
Interrogatories.
XL In all suits, the plaintiff and the defendant, or either of them may by leave of the Court, at any time deliver to the opposite party or his attorney or solicitor, interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or, in the case of a body corporate, any of the Officers of such body corporate within ten days or such other period as the Court may direct to answer the questions in writing upon oath or declaration: Provided always that the Court may on the application of the party interrogated strike out, or permit to be amended, any inter- rogatory which in the opinion of the Court may be exceptionable, or extend the time limited for answering the same.
Replication.
XLI. No replication or other pleading after answer is allowed, except by special leave of the Court.
2. Where the plaintiff considers the contents of the answer to be such as to render an amendment of the petition necessary or desirable, he may obtain ex parte an order to amend the petition, on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but because it is considered to be material for the plaintiff's case.
3. Notice of the amendment shall be given to the defendant within such time and in such manner as the Court in each case directs.
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