Directory_and_Chronicle_1913 — Page 431

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RULES OF SUPREME COURT IN CHINA

(3.) The notice to be given by the defendant under this Rule sball contain particulars as stated below:--

No.

Nature of Special Defence,

Particulars required in the Notice.

Counter-claim. 1

Counter claim against Particulars of counter-claim.

plaintiff's claim

nfancy.

2 Infancy

Coverture.

3 Coverture

Statute of limitations.

4.

Statute of Limitations

Release

5

Statutory defence.

Release under any Statute relating to bankrupts or for the relief of insolvent debtors

6 Statutory defence in an

action of tort

Tender.

7

Tender

Equitable estate.

Pleadings.

Particulars in certain cases

8 Any equitable estate, or right of relief on any equitable ground

The place and date of birth as far as he

is able.

The place and date of marriage, together with the Christian and surname of her husband, and his address and description so far as known.

The date from which he relies that the

Statute begins to run.

The date of his certificate, discharge, or final order, and the Court by which such certificate, discharge, or final order was granteda omade.

The year, chapter, and section of the Statute on which he relies, or the short title thereof.

Amount of tender, and in respect of

what portion of the claim.

NOTE. This defence is not avail- able unless at the time of filing the notice the defendant pays into Court (which may be without costs) the amount alleged to have been tendered.

The circumstances which give rise to such defence, and each of the grounds of equitable defence set forth separately.

Pleadings and Issues.

120. There shall ordinarily be no written pleadings; but the Court may at any time, if it thinks fit, order the plaintiff to put in a written statement of his claim, or a defendant to put in a written statement of his defence.

12. In all cases in which the party pleading relies on any misre- presentation, fraud, breach of trust, wilful, or undue influence, par- ticulars thereof shall be delivered to the other side before the return day, or such other day as the Court may fix.

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