1912_CODE_OF_CIVIL_PROCEDURE — Page 42

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CODE OF CIVIL PROCEDure.

No. 3 of 1901.

1173

defence or reply.

defence, and before the time limited for his doing so has expired, ment of may be raised by the defendant in his statement of defence, alone or together with any other ground of defence.

either

H. K. Code,

s. 63.

(2) If, after a statement of defence has been filed, any ground of 0.247.1. defence arises to any set-off alleged therein by the defendant, it may be raised by the plaintiff in his reply, if any, either alone or together with any other ground of reply..

matter aris-

defence or

171. Where any ground of defence arises after the defendant has Pleading filed his statement of defence, or after the time limited for his doing ing after so has expired, the defendant may, and where any ground of defence statement of to any set-off or counterclaim arises after reply, if any, or after the reply. time limited for filing a reply, if any, has expired, the plaintiff may, within 8 days after such ground of defence has arisen, or at any subsequent time by leave of the Court, file a further statement of defence or further reply, as the case may be, setting forth the same.

ib. r. 2.

of defence

172. Where the defendant, in his statement of defence or in a Confession further statement of defence as in the last section mentioned, founded on alleges any ground of defence which has arisen after the commence- matter aris- ment of the action, the plaintiff may file a confession of such the action.

ing pending defence, and may thereupon sign judgment for his costs up to the ib.r. 3. time of the pleading of such defence, unless the Court, either before or after the filing of such confession, otherwise orders.

Proceedings in lieu of Demurrer.

**

173. No demurrer shall be allowed in any action or other proceed- Abolition of ing.

demurrer. 0.25 r. 1.

point of law

174. Any party shall be entitled to raise by his pleading Right of any point of law, and any point so raised shall be disposed of by the party to raise Court at or after the trial, provided that, by consent of the parties by pleading, or by order of the Court on the application of any party, the same may be set down for hearing and disposed of at any time before the ib.7.2. trial.

and proce- dure thereon.

form 19.

on point of

ib. T. 3.

175. If, in the opinion of the Court, the decision of such point Dismissal of of law substantially disposes of the whole action or of any distinct action, etc., cause of action, ground of defence, set-off, counterclaim, or reply law. therein, the Court may thereupon dismiss the action or make such other order therein as may be just.

* As amended by No. 50 of 1911.