CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1147
grounds of
O. 19, r. 15.
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 29 Car. 2, Ordinance or common law, or the Statute of Frauds.
c. 3.
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.
O. 19, r. 16.
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.
O. 19, r. 17.
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.
O. 19, r. 18.
O. 19, r. 19.
124. When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1147
grounds of
O. 19, r. 15.
120. The defendant or plaintiff, as the case may be, must Pleading to raise by his pleading all matters which show the action or raise all counterclaim not to be maintainable or that the transaction defence or is either void or voidable in point of law, and all such grounds reply. 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 29 Car. 2, Ordinance or common law, or the Statute of Frauds.
c. 3.
121. No pleading, not being a petition or summons, shall, Prohibition except by way of amendment, raise any new ground of claim of departure or contain any allegation of fact inconsistent with the previous ö. 19, r. 16. in pleading. pleadings of the party pleading the same.
cally with
122. It shall not be sufficient for a defendant in his state- Obligation to ment of defence to deny generally the grounds alleged by deal specifi- the statement of claim, or for a plaintiff in his answer to a allegation counterclaim to deny generally the grounds alleged in the not admitted. counterclaim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages.
O. 19, r. 17.
123.-(1) The plaintiff by his reply, if any, may join issue Joinder of upon the statement of defence, and each party in his pleading, issue. 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.
.
O. 19, r. 18.
O. 19, r. 19.
124. When a party in any pleading denies an allegation Evasive of fact in the previous pleading of the opposite party, he denial. must not do so evasively, but answer the point of substance. Thus, if it is. alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances.
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