1912_CODE_OF_CIVIL_PROCEDURE — Page 36

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

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Power to

Staying Proceedings for Defect in Statement of Claim. 142. Where a statement of claim is defective on the face of it by reason of non-compliance with any provision of this Code, the Court may, either on the application of the defendant or of its own motion, make an order to stay proceedings in the action until the defective. defect is remedied.

Statement of Defence.

stay proceed- ings where statement of

claim is

H. K. Code,

s. 30.

filing state-

143. The defendant shall file in the Registry a statement of Time for defence to the statement of claim within 3 weeks from the date of the service thereof, or, in a case of service out of the jurisdiction, within such time as the Court may have ordered.

ment of defence. [ib. s. 33 (1).] form 16.

for extension

144.-(1) The defendant may apply to the Court for further time Application to file his statement of defence, on a summons stating the further of time. time required.

(2) The application, unless it is consented to, must be supported by affidavit, or, if the Court in its discretion permits, by oral evi- dence upon oath, showing that there is reasonable ground for the application and that it is not made for the purpose of delay.

[ib. s. 33 (1),

(2).]

ment of defence after

145.-(1) If the defendant neglects to file a statement of defence Filing state- within the time or further time allowed, as the case may be, he shall not be at liberty to file a statement of defence without the leave of the Court or the consent of the plaintiff.

(2) The Court may grant such leave, on such terms as may seem just, by order made on the application of the defendant.

146.-(1) The statement of defence must deny all such material allegations in the statement of claim as the defendant intends to deny at the trial.

expiration of

time. [ib. s. 33 (4), (5), (6).]

Mode of denying alle. gations made

in statement of claim.

0.21 rr. 1, 2.

(2) In an action for a debt or liquidated demand in money com- [ib, s. 33 (9).] prised in section 19, a mere denial of the debt shall be inadmissible. (3) In an action upon a bill of exchange, promissory note, or cheque, a defence in denial must deny some matter of fact, as, for example, the drawing, making, indorsing, accepting, or notice of dishonour of the bill or note.

147. No denial or defence shall be necessary as to damages claim- No denial ed or their amount; but they shall be deemed to be put in issue in to damages. all cases, unless expressly admitted.

necessary as

ib. r. 4.