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Effect of answer at hearing.
Summons to compel.
Nature of answer.
In what cases.
Power of Court to require.
Payment into Court.
Particulars.
44
RULES OF SUPREME COURT.
48. 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.
Specific Answer.
49. 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 the several material allegations in the peti- tion; and the Court, if such allegations are briefly, positively, separately, and distinctly made, and it thinks that justice so requires, may grant such an order.
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 pctition, either admitting or
or denying the truth of such allegations seriatim, as the truth or falsehood of each is within his knowledge, 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 allegations is or are true or otherwise.
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.
50. Where an answer so put in fails substantially to comply with the terms of the order, by reason of any one or more of the material allegations not being either denied or admitted thereby, or not being met by a statement in the answer that the defendant does not know whether such allegation or allegations is or are true or otherwise, the plaintiff may apply to the Court to examine the defendant on written interrogatories; and the Court may, if it sees fit, examine the defendant accordingly on written interrogatories allowed by the Court, and embodying material allegations of the petition in an interrogative form, and may reduce the answers of the defendant to writing.
Such answers shall be taken for the purposes of the suit to lo a part of the defendant's answer to the petition.
Oath.
51. The Court may, where the circumstances of the case appear to require it, order the defendant to put in an answer on oath.
Tender.
52. A defence alleging tender by the defendant must be accompanied by payment into Court of the amount alleged to have
been tendered.
Set-off.
53. A defence of set-off to a claim for money, whether in debt or in damages, must be accompanied by a statement of particulars of set- off; and if pleaded as a sole defence, unless extending to the whole amount of the plaintiff's claim, must also be accompanied by payment
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