1148
No. 3 of 1901.
Effect of
bare denial of contract, etc.
O. 19, r. 20.
29 Car. 2, c. 3.
Mode of stating
document.
CODE OF CIVIL PROCEDURE.
125. Where a contract, promise, or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract, promise, or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise, or agreement, whether with reference to the Statute of Frauds or otherwise.
126. Where the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof O.19, r. 21. as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.
Mode of alleging
malice, etc.
127. Where it is material to allege malice, fraudulent intention, knowledge, or other condition of the mind of any O.19, r. 22. person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.
Mode of alleging notice.
O.19, r. 23.
Mode of alleging
contract or relation to be implied from letters,
etc.
O. 19, r. 24.
Presumption of law.
128. Where it is material to allege notice to any person of any fact, matter, or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, is or are material.
129.—(1) When any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations, or circumstances without setting them out in detail.
(2) If, in any such case, the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.
130. Neither party need in any pleading allege any matter O.19, r. 25. of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied, as, for example, consideration for a bill of exchange, where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim.
- ቀን
Page 35
Page 36
1148
No. 3 of 1901.
Effect of
bare denial of contract, etc.
O. 19, r. 20.
29 Car. 2, c. 3.
Mode of stating
document.
CODE OF CIVIL PROCEDURE.
125. Where a contract, promise, or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract, promise, or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise, or agreement, whether with reference to the Statute of Frauds or otherwise.
126. Where the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof 0.19, r. 21. as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.
Mode of alleging
malice, etc.
127. Where it is material to allege malice, fraudulent intention, knowledge, or other condition of the mind of any 0.19, r. 22. person, it shall be sufficient to allege the same as a fact with- out setting out the circumstances from which the same is to be inferred.
Mode of alleging notice.
0.19, r. 23.
Mode of alleging
contract or relation to be implied from letters,
etc.
Q. 19, r. 24.
Prosumption of law.
128. Where it is material to allege notice to any person of any fact, matter, or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, is or are material.
129.—(1) When any contract or any relation between any persons is to be implied from a series of letters or conversa- tions or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations, or circum- stances without setting them out in detail.
(2) If, in any such case, the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.
130. Neither party need in any pleading allege any matter 0.19, r. 25. of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied, as, for example, considera- tion for a bill of exchange, where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim.
- ቀን
Page 35Page 36
No comments yet.
Private notes are available after approval.