CODE OF CIVIL PROCEDURE.
Statement of defence.
No. 3 of 1901.
1151
ment of
143. The defendant shall file in the Registry a statement Time for of defence to the statement of claim within three weeks from filing state- the date of the service thereof, or, in a case of service out of defence. the jurisdiction, within such time as the court may have ordered.
s. 33 (1). Schedule. Form No. 16.
144. (1) The defendant may apply to the court for Application further time to file his statement of defence, on a summons for extension stating the further 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 evidence upon oath, showing that there is reasonable ground for the application and that it is not made for the purpose of delay.
of time. H. K. Code, s. 33 (1), (2).
ment of
145.-(1) If the defendant neglects to file a statement of Filing state- defence within the time or further time allowed, as the case defence after may be, he shall not be at liberty to file a statement of expiration of defence without the leave of the court or the consent of the time. plaintiff.
(2) The court may grant such leave, on such terms as may seem just, by order made on the application of the defendant.
H. K. Code, s. 33 (4), (5), (6).
146.-(1) The statement of defence must deny all such Mode of material allegations in the statement of claim as the defend- denying alle- ant intends to deny at the trial.
gations made in statement of claim. H. K. Code,
O. 21, rr. 1, 2.
(2) In an action for a debt or liquidated demand in money s. 33 (9). comprised 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 No denial claimed or their amount; but they shall be deemed to be put necessary as in issue in all cases, unless expressly admitted.
to damages.
O. 21, r. 4.
CODE OF CIVIL PROCEDURE.
Statement of defence.
No. 3 of 1901.
1151
ment of
143. The defendant shall file in the Registry a statement Time for of defence to the statement of claim within three weeks from filing state- the date of the service thereof, or, in a case of service out of defence. the jurisdiction, within such time as the court may have ordered.
s. 33 (1). Schedule. Form No. 16.
144. (1) The defendant may apply to the court for Application further time to file his statement of defence, on a summons for extension stating the further 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 evidence upon oath, showing that there is reasonable ground for the application and that it is not made for the purpose of delay.
of time. H. K. Code, 8. 33 (1), (2).
ment of
145.-(1) If the defendant neglects to file a statement of Filing state- defence within the time or further time allowed, as the case defence after may be, he shall not be at liberty to file a statement of expiration of defence without the leave of the court or the consent of the time. plaintiff.
(2) The court may grant such leave, on such terms as may seem just, by order made on the application of the defendant.
H. K. Code, s. 33 (4), (5), (6).
146.-(1) The statement of defence must deny all such Mode of material allegations in the statement of claim as the defend- denying alle- ant intends to deny at the trial.
gations made in statement of claim. H. K. Code,
0.21, rr. 1, 2.
(2) In an action for a debt or liquidated demand in money s. 33 (9). comprised 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 No denial claimed or their amount; but they shall be deemed to be put necessary as in issue in all cases, unless expressly admitted.
to damages.
0. 21, r. 4.
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