IN CHINA AND JAPAN.
61
It must state briefly the grounds of law on which the defendant intends to rely at the Learing of the motion.
be.
The motion shall be heard and disposed of at as early a time as may
For the purposes of the motion the defendant shall be taken to admit the truth of the allegations of fact in the petition, and no evidence as to matters of fact or discussion of questions of fact shall be admitted at the hearing of the motion.
On hearing the motion the Court shall either dismiss the petition or Order. order the defendant to put in an answer within a short time, to be named in the order, and may give leave to the plaintiff to amend his petition if it appears requisite, and may impose such terms as justice requires.
Where, on the hearing of the motion, any grounds of law are urged Costs. in support of the motion beyond those stated in the motion paper, and the grounds stated therein are disallowed, the defendant shall be liable to pay the same costs as if the motion were wholly refused, although the grounds of law newly urged are allowed, unless the Court thinks fit in any case to order otherwise.
Answer.
44. The defendant may obtain further time for putting in his answer, Further time on summons stating the further time required, and the reasons why it is to answer. required.
The application when made, unless consented to, must be supported by affidavit or by oral evidence on oath, showing that there is reasonable ground for the application, and that it is not made for the purpose of delay.
answering.
45. Where a defendant does not put in any answer he shall not be Effect of taken as admiting the allegations of the petition, or the plaintiff's right defendant not 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 sup- port of it, and take such judgment as to the Court appears just.
46. A defendant neglecting to put in an answer within the time or Leave to answer further time allowed, shall not be at liberty to put in any answer without after time leave of the Court.
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.
Where the cause has been set down or the plaintiff has applied to have it set down for bearing, the Court shall not grant such leave except on return of a summons to the plaintiff, giving notice of the defendant's application, and on such terms as to costs and other matters as seem just.
allowed.
47. The answer shall how the nature of the defendant's defence to Form and
the claim set up by the petition, but may not set forth the evidence by contents of which such defence is intended to be supported.
It should be clear and precise, and not introduce matter irrelevant to the suit, and the rules before laid down respecting the setting out of documents and the contents of a petition generally shall be observed in
answer, mutatis mutandis.
It must deny all such material allegations in the petition as the defendant intends to deny at the hearing.
Where the answer denies an allegation of fact, it must deny it directly, and not by way of negative pregnant: (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 certainly.
answer.
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