Directory_and_Chronicle_1900 — Page 301

IN CHINA AND JAPAN

241

The answer must specifically admit such material allegations in the petition as the defendant knows to be true, or desires to be taken as admitted. Such admission, if plain and specific, will prevent the plaintiff from obtaining the cost of proving at the hearing any matters of fact so admitted,

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

The answer must allege any matter of fact not stated in the petition on which the defendant relies in defence,as establishing, 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 accrued, or is released or barred or otherwise gone.

48. The answer of a defendant shall not debar him at the hearing Effect of answer from disproving any allegation of the petition not admitted by his answer, at hearing. 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 summons to amounting only to a general denial of the plaintiff's claim, the plaintiff compel. may apply by summons for an order to compel him to answer specifically to the several material allegations in the petition; 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 Nature of his answer accordingly, and shall therein answer the several material answer. allegations in the petition, either admitting or denying the truth of such allegations seriatim, as the truth or falsehood of each is within his know- ledge, or (as the case may be) stating as to any one or more of the allega- tions 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 In what cases, 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 state- ment 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 be a part of the defendant's answer to the petition.

Oath

51. The Court may, where the circumstances of the case appear to court to require it, order the defendant to put in an answer on oath,

Power o

require.