Directory_and_Chronicle_1896 — Page 265

IN CHINA AND JAPAN

225

It must state briefly the grounds of law on which the defendant intends to rely at the hearing 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 bearing of the motion.

On hearing the motion the Court shal! 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, auy 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 tuinks fit in any case to order otherwise.

Answer.

44. The defendant may obtain further time for putting in his answer, Farther 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 evi 'ence on oth, showing that there is reasonable ground for the application, and that it is not made for the purpose of delay.

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defendant not

45. Where a defendant does not put in any answer he shall not b Effect of taken as admitting the allegations of the peti ion, or the plaintiff's right answering. to the relief sought; and at the hearing (even though such defendant does no: appear) the plai tiff must open his case, and adduce evidence in port of it, and tk such judgment as to the Court appears just.

sup-

after time

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 allowed. leave of the Court.

The Court may grant such leave by order on the ex parte application of the defend nt 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 hearing, 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.

contents of

inower,

47. Te answer shall show 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 which such defence is intended to be supported.

It should be el ar and prec ́se, 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 r ceived 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.

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