Directory_and_Chronicle_1870 — Page 331

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Time.

In what cases.

Inspection.

On application of Defendant,

Costs.

Libellous or offensive. expressions.

Amendment on

application of Plaintif,

Effect of petition.

Buit on behalf of others.'

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RULES OF SUPREME COURT

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 ser- vice 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.

29. 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 cir cumstances 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 pro- cure 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.

Amendment.

30. Any plaintiff not giving sufficient information to enable the defendant 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.

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 purpose of the suit.

The Court may in such cases make such order as to costs as justice requires, and stay proceedings until the order is complied with. 31. If any petition contains libellous or needlessly offensive expressions, 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 other as to costs as justice requires.

32. A petition may be amended at any time before answer by leave of the Court, obtained ex parte.

Notice of the amendment shall be given to the defendant within such time and in such manner as the Court directs.

Equity.

33. Every petition is to be taken to imply an offer to do equity in the matter of the suit commenced by it, 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.

34. 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 character in which they sue.

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