1152
No. 3 of 1901.
Costs of allegation improperly denied or not admitted. O.21, r. 9.
Plea of general issue.
CODE OF CIVIL PROCEDURE.
148. Where the court is of opinion that any allegation of fact denied or not admitted by the statement of defence ought to have been admitted, the court may make such order as may be just with respect to any extra costs occasioned by its having been denied or not admitted.
149. Where a party pleads the general issue, intending O. 21, r. 19. to give the special matter in evidence by virtue of an Act of Parliament or Ordinance, he shall insert in the margin of his pleading the words "by statute", or "by Ordinance", as the case may be, together with the year of the reign in which the Act of Parliament on which he relies was passed, and also the chapter and section of such Act, or the year, number, and section of the Ordinance on which he relies, as the case may be, and shall specify whether such Act or Ordinance is public or otherwise; otherwise such defence shall be taken not to have been pleaded by virtue of an Act of Parliament or Ordinance.
Plea in abatement. O. 21, r. 20. Service of statement of defence on plaintiff.
Defence of
150. No plea or defence shall be pleaded in abatement.
151. After the filing of the statement of defence, the defendant shall forthwith cause a copy thereof under the seal of the court to be served on the plaintiff.
Certain special defences.
152. With a defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into court.
Payment into court in satisfaction
153. Where an action is brought to recover a debt or damages, any defendant may, before or at the time of filing his statement of defence, or at any later time by leave of the court, pay into court a sum of money by way of satisfaction, which shall be taken to admit the claim or cause of action in respect of which the payment is made; or he may, with a defence denying liability (except in an action or counterclaim for libel or slander), pay money into court which shall be subject to the provisions of section 157: Provided that, in an action on a bond under the Act 8 & 9 Will. 3, c. 11, entitled "An Act for the better preventing frivolous and vexatious suits.", payment into court shall be admissible to particular breaches only and not to the whole action.
1152
No. 3 of 1901.
Costs of allegation improperly denied or not
admitted. 0.21, r. 9.
Plea of general issue.
CODE OF CIVIL PROCEDURE.
148. Where the court is of opinion that any allegation of fact denied or not admitted by the statement of defence ought to have been admitted, the court may make such order as may be just with respect to any extra costs occasioned by its having been denied or not admitted.
149. Where a party pleads the general issue, intending 0. 21, r. 19. to give the special matter in evidence by virtue of an Act of Parliament or Ordinance, he shall insert in the margin of his pleading the words "by statute", or "by Ordinance", as the case may be, together with the year of the reign in which the Act of Parliament on which he relies was passed, and also the chapter and section of such Act, or the year, number, and section of the Ordinance on which he relies, as the case may be, and shall specify whether such Act or Ordinance is public or otherwise; otherwise such defence shall be taken not to have been pleaded by virtue of an Act of Parliament or Ordinance.
Plea in abatement. O. 21, r. 20. Service of
: statement of defence on plaintiff.
Defence of
150. No plea or defence shall be pleaded in abatement.
151. After the filing of the statement of defence, the defendant shall forthwith cause a copy thereof under the seal of the court to be served on the plaintiff.
Certain special defences.
152. With a defence setting up a tender before action, the tender before sum of money alleged to have been tendered must be brought
into court.
action.
O. 22, r. 3.
Payment
satisfaction
153. Where an action is brought to recover a debt or into court in damages, any defendant may, before or at the time of filing his statement of defence, or at any later time by leave of the court, pay into court a sum of money by way of satisfaction, which shall be taken to admit the claim or cause of action in respect 8 & 9 Will. 3, of which the payment is made; or he may, with a defence
of claim, or with denial of liability. O. 22, r. 1.
A
c. 11.
denying liability (except in an action or counterclaim for libel or slander), pay money into court which shall be subject to the provisions of section 157: Provided that, in an action on a bond under the Act 8 & 9 William 3, chapter 11,... entitled "An Act for the better preventing frivolous and vexatious suits.", payment into court shall be admissible to particular breaches only and not to the whole action.
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