AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
164. Any person not originally a party to the action who is served with a counterclaim must appear thereto as if he had been served with a writ of summons in an action.
165. Any person named as a party to a counterclaim may file a statement of defence thereto within the time within which he might file a statement of defence if it were a statement of claim.
685
Appearance by third party to counter-claim. 0.21 r. 13.
Time for reply to counter-claim. Ib. r. 14.
166. When a counterclaim is pleaded, a statement of defence thereto shall be subject to the rules applicable to statements of defence.
167. If in any case in which the defendant sets up a counterclaim the action of the plaintiff is stayed, discontinued, or dismissed, the counterclaim may nevertheless be proceeded with.
Reply and Subsequent Pleadings.
168.-(1.) The plaintiff shall file in the Registry his reply, if any, within three weeks from the date of the service of the statement of defence or of the last of the statements of defence.
(2.) No pleading subsequent to reply shall be pleaded without the leave of the Court, and then only on such terms as the Court may think fit.
Default of Pleading.
169.-(1.) If the plaintiff does not file a reply, or any party does not file any subsequent pleading, within the time allowed for that purpose, the pleadings shall be deemed to be closed at the expiration of that period, and all the material statements of fact in the pleading last filed shall be deemed to have been denied and put in issue.
of defence to counter-claim.
0.23 r. 4. Continuance of counter-claim. 0. 21 r. 16.
Filing of reply and rule as to subsequent pleadings. 0.23 r. 1.
Schedule. 18.
Ib. I. 2.
Close of pleadings on default, and third party in pleading. 0.27 r. 13.
(2.) In any case in which issues arise in an action other than between plaintiff and defendant, if any party to any such issue makes default in filing any pleading, the opposite party may apply to the Court for such judgment, if any, as upon the pleadings he may appear to be entitled to; and the Court may order judgment to be entered accordingly or may make such other order as may be necessary to do complete justice between the parties.
Matters arising pending the Action.
matter arising before
170.-(1.) Any ground of defence which has arisen after action brought, but before the defendant has filed his statement of defence and before the time limited for his doing so has expired, may be raised by the defendant in his statement of defence, either alone or together with any other ground of defence.
defence or reply.
H. K. Code, 6.. 63.
AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
164. Any person not originally a party to the action who is served with a counterclaim must appear thereto as if he had been served with
writ of summons in an action.
file a state-
165. Any person named as a party to a counterclaim may ment of defence thereto within the time within which he might file a tatement of defence if it were a statement of claim.
685
Appearance
by third party to counter- claim. 0.21 r. 13.
to counter- Time for reply
claim. Ib. r. 14.
166. When a counterclaim is pleaded, a statement of defence thereto Statement hall be subject to the rules applicable to statements of defence.
167. If in any case in which the defendant sets up a counterclaim the action of the plaintiff is stayed, discontinued, or dismissed, the Counterclaim may nevertheless be proceeded with.
Reply and Subsequent Pleadings.
168.-(1.) The plaintiff shall file in the Registry his reply, if any, ithin three weeks from the date of the service of the statement of defence or of the last of the statements of defence.
(2.) No pleading subsequent to reply shall be pleaded without the leave of the Court, and then only on such terms as the Court may think fit.
Default of Pleading.
169.-(1.) If the plaintiff does not file a reply, or any party does not file any subsequent pleading, within the time allowed for that purpose, the pleadings shall be deemed to be closed at the expiration of that period, and all the material statements of fact in the pleading last filed shall be deemed to have been denied and put in issue.
of defence to counter- claim.
0.23 r. 4. Continuance
of counter- claim. 0. 21 r. 16.
Filing of reply and rule as to subsequent. 0.23 r. 1. pleadings.
Schedule. 18.
Ib. I. 2.
Close of
efault, and pleadings on default of
third party in pleading. 0.27 r. 13.
(2.) In any case in which issues arise in an action other than 16. r. 14. between plaintiff and defendant, if any party to any such issue makes default in filing any pleading, the opposite party may apply to the Court for such judgment, if any, as upon the pleadings he may appear be entitled to; and the Court may order judgment to be entered accordingly or may make such other order as may be necessary to do complete justice between the parties..
Matters arising pending the Action.
matter aris- statement of ing before
170.-(1.) Any ground of defence which has arisen after action Pleading brought, but before the defendant has filed his statement of defence and before the time limited for his doing so has expired, may be raised by the defendant in his statement of defence, either alone or together with any other ground of defence.
defence or reply.
H. K. Code, 6.. 63.
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