Directory_and_Chronicle_1892 — Page 351

What the

Answer should

zet forth.

Should be

precise and relevant.

Denial of Allegations.

Denial of Fact must answer

print of

Sul stance

Admissions—

as to Co-ts.

292

CODE OF CIVIL PROCEDURE-HONGKONG

7. The answer shall show the nature of the defendant's defence to the claim set up by the p ti ion, but may not set forth the evidence by which such defence is intended to be supported.

8. It shall be clear and precise, and not introduce matters irrele- vant to the suit, and the rules before laid down respecting the setting out of the documents and the contents of the petition generally shall be ob- served in the answer mutatis mutandis.

9. It must deny all such material allegations in the petition as the defendant intends to deny at the hearing.

10- When the answer denies an allegation of fact it must deny directly 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 circumstar.ces, the answer must not deny it literally as it is alleged, but must answer th point of substance positively and certainly.

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11 The answer must sp cifically admit such material allegations in Effects thereof the petition as the defendant kn ws to be true, or desires to be tak n as admitted. Such admission, if plain and specific, will prevent the plaintiff from obtaining the costs of proving at the bearing any matters of fact so

Proof of Facts not admitted.

Allegation of new Facts in Defence.

Evidence in denial of

Allegation, or in support of Defence

not set up in Pleadings

Signature of Counsel.

Verification of Answer.

Payment into Court

Answer must be filed with.

How far

Admission of Claim.

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 each d fendant all allegations of fact not admitted by him, or not stated by him to be true to his belief.

13.-The answer must allege any matter of fact not s'ated in the petition on which the def ndant re.ies in defence, as estal·lishing, 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 accruel, or is rlased, barred, or otherwise gone.

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14. The answer of a defendant shall not debar him at the hearing from disproving any allegations of the petition admitted by his answ r or from giving evidence in support of a defenc not expressly set up by the answer except where the def nce 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, an to raise a fresh issue or iresh 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.

15.-Subject to any general rule or order relating thereto, the answer must be signed by the de'endant or his counsel, unless the defendant obtain the leave of the Court to dispense with such signature.

16. The Court may, where the circumstances of the case appear to require it, order the defendant to verify his answer, or any part thereo', on oath or by affidavit.

Tender.

XXXIV.-A defence all ging tender by the defendant must be accom- panied by payment into Court of the amount alleged to have been tendered. Payment into Court.

XXXV.-Payment into Court by the defendant must be accompanied by an answer. The answer most 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-Payurent into Court, whether made in satisfaction of the plaintiff's claim generally or in satisfaction of some specific part thereof, operates as