1146
No. 3 of 1901.
Ordering of further and better particulars. O. 19, r. 7.
Time for pleading after delivery
CODE OF CIVIL PROCEDURE.
the particulars are of debt, expenses, or damages, and exceed three folios, the fact must be so stated, with a reference to full particulars already delivered or to be delivered with the pleading.
115. A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, on such terms as to costs and otherwise as may be just.
116. (1) The party at whose instance any particulars have been delivered under an order of the court shall, unless the order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the return of the summons.
O. 19, r. 8.
Plea of not guilty by statute or Ordinance. O. 19, r. 12.
Admission of fact not specifically denied.
(2) Except as in this section provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings or give any extension of time.
117. Nothing in this Code shall affect the right of any defendant to plead not guilty by statute or Ordinance; and every such defence shall have the same effect as a plea of not guilty by statute has in England: Provided that if the defendant so pleads, he shall not plead any other defence to the same cause of action, without the leave of the court.
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.
O. 19, r. 13.
Condition precedent to be specified in certain 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.
O. 19, r. 14.
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1146
No. 3 of 1901.
Ordering of further and better particulars. O. 19, r. 7.
Time for pleading
after delivery
CODE OF CIVIL PROCEDURE.
the particulars are of debt, expenses, or damages, and exceed three folios, the fact must be so stated, with a reference to full particulars already delivered or to be delivered with the pleading.
115. A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, on such terms as to costs and otherwise as may be just.
116. (1) The party at whose instance any particulars have been delivered under an order of the court shall, unless the of particulars. order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the return of the summons.
O. 19, r. 8.
Plea of not guilty by statute or Ordinance. O. 19, r. 12.
Admission of
fact not specifically denied.
(2) Except as in this section provided, an order for par- ticulars shall not, unless the order otherwise provides, operate as a stay of proceedings or give any extension of time.
117. Nothing in this Code shall affect the right of any defendant to plead not guilty by statute or Ordinance; and every such defence shall have the same effect as a plea of not guilty by statute has in England: Provided that if the defendant so pleads, he shall not plead any other defence to the same cause of action, without the leave of the court.
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 O. 19, r. 13. 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.
Condition precedent to be specified
in certain
cases.
-
119. Any condition precedent the performance or occur- rence of which is intended to be contested shall be distinctly specified in his pleading by the plaintiff or defendant, as the O. 19, r. 14. 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.
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