CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1163
fact not
118. Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted, in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition.
denied. O.19 r. 13.
precedent to
cases.
119. Any condition precedent the performance or occurrence of which is intended to be contested shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.
ib.7.14.
raise all
120. The defendant or plaintiff, as the case may be, must raise by his pleading all matters which show the action or counterclaim not to be maintainable or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise or would raise issues of fact not arising out of the preceding pleadings, as for instance, fraud, statute of limitations, release, payment, performance, facts showing illegality either by statute or Ordinance or common law, or the Statute of Frauds.
121. No pleading, not being a petition or summons, shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
ib. r. 16.
not admitted.
122. It shall not be sufficient for a defendant in his statement of defence to deny generally the grounds alleged by the statement of claim, or for a plaintiff in his answer to a counterclaim to deny generally the grounds alleged in the counterclaim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages.
ib.7.17.
issue.
123.-(1) The plaintiff by his reply, if any, may join issue upon the statement of defence, and each party in his pleading, if any, subsequent to reply may join issue upon the previous pleading.
(2) Such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit, and shall then operate as a denial of the facts not so admitted.
* As amended by No. 36 of 1911.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1163
fact not
118. Every allegation of fact in any pleading, not being a petition Admission of or summons, if not denied specifically or by necessary implication, specifically or stated to be not admitted, in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition.
denied. 0.19 r. 13.
precedent to
cases.
119. Any condition precedent the performance or occurrence of Condition which is intended to be contested shall be distinctly specified in his be specified pleading by the plaintiff or defendant, as the case may be; and, in certain subject thereto, an averment of the performance or occurrence of ib.7.14. all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.
raise all
*
120. The defendant or plaintiff, as the case may be, must raise Pleading to by his pleading all matters which show the action or counterclaim grounds of not to be maintainable or that the transaction is either void defence or
reply. or voidable in point of law, and all such grounds of defence or reply, 15. as the case may be, as if not raised would be likely to take the opposite party by surprise or would raise issues of fact not arising out of the preceding pleadings, as for instance, fraud, statute of limitations, release, payment, performance, facts showing illegality either by statute or Ordinance or common law, or the Statute of Frauds.
121. No pleading, not being a petition or summons, shall, except Prohibition
of departure by way of amendment, raise any new ground of claim or contain in pleading. any allegation of fact inconsistent with the previous pleadings of ib. r. 16. the party pleading the same.
not admitted.
122. It shall not be sufficient for a defendant in his statement Obligation to
deal specifi- of defence to deny generally the grounds alleged by the statement cally with of claim, or for a plaintiff in his answer to a counterclaim to deny allegation generally the grounds alleged in the counterclaim, but each party ib.7.17. must deal specifically with each allegation of fact of which he does not admit the truth, except damages.
issue.
123.-(1) The plaintiff by his reply, if any, may join issue upon Joinder of the statement of defence, and each party in his pleading, if any, ib. 7. 18. subsequent to reply may join issue upon the previous pleading.
(2) Such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit, and shall then operate as a denial of the facts not so admitted.
* As amended by No. 36 of 1911.
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