Directory_and_Chronicle_1901 — Page 295

IN CHINA AND JAPAN

237

The petition may not contain any statement of the mere evidence by which the facts alleged are intended to be proved, and may not contain any argument of law.

The facts material to the establishment of the plaintiff's right to recover shall be alleged positively, briefly, and as clearly as may be, so as to enable the defendant by his answer either to admit or deny any one or more of the material allegations, or else, to admit the truth of any or all of the allegations, but to set forth some other substantive matter in his answer, by reason of which he intends to contend that the right of the plantiff 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.

Particulars of Demand

28. Where the plaintiff's claim is for money payable in respect of any In what cases. contract, express or implied, or to recover the possession or the value of any goods wrongfully taken and detained by the defendant from the plaintiff, it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a schedule stating the particulars of his demand, in any form which shall give the defendant reasonably sufficient information as to the details of the claim.

An application for further or better particulars may be made by the defendant before answer on summons.

The plaintiff shall not at the hearing obtain a decree for any sum Effect of exceeding that stated in the particulars, except for subsequent interest and particulars. the costs of suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds the sum stated in the particulars.

Particulars of demand shall not be amended except by leave of the Amendment. Court; and the Court may on any application for leave to amend grant the same, on its appearing that the defendant will not be prejudiced by amendment. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.

Any variance between the items contained in the particulars and the Variance. items proved at the hearing may be amended at the hearing, either at once or on such terms as to notice, adjournment, or costs, as justice requires.

Where particulars are amended by leave of the Court, or where further Time. or better particulars are ordered to be given, the order shall state the time within which the amendment is to be made or the further or better particulars are to be given; and the order for service of the amended or further or better particulars shall state the time which the defendant is to have to put in his answer.

Papers Annexed

29. Where the plaintiff seeks (in addition to or without any order for In what cases. the payment of money by the defendant) to obtain, as against any person, any general or special declaration by the Court of his rights under any contract or instrument, or to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled,-or to restrain any defendant by injunction, or to have any account taken between himself and any other or others, and in such other cases as the nature of the circumstances makes it necessary or expedient,—the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the petition, where such papers or documents are brief, or may state any reason for not annexing copies of such papers or documents, or any of them respectively (as, their length, possession of copies by the defendant, loss, inability to procure copies), that he may have to allege. The plaintiff shall, in his petition, offer to allow the defendant Inspection. to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.