CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
731
112. (1) Every pleading, shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.
O. 19, r. 4.
(2) It shall, when necessary, be divided into paragraphs, numbered consecutively, and each paragraph shall, as nearly as may be, contain a separate and distinct statement or allegation.
(3) Dates, sums and numbers shall be expressed in figures and not in words.
113. Signature of counsel shall not be necessary; but where a pleading has been settled by counsel it shall be signed by him; and, if not so settled, it shall be signed by the solicitor, or by the party, if he sues or defends in person.
Signature of pleading. O. 19, r. 4.
114. In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default or undue influence and in all other cases in which particulars may be necessary, particulars (with dates and items, if necessary) shall be stated in the pleading: Provided that if 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.
O. 19, r. 6.
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.
O. 19, r. 7.
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.
(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.
O. 19, r. 8.
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
O. 19, r. 12.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
731
112. (1) Every pleading, shall contain, and contain only, a Form of statement in a summary form of the material facts on which the pleading.
O. 19, r. 4. party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.
(2) It shall, when necessary, be divided into paragraphs, numbered consecutively, and each paragraph shall, as nearly as may be, contain a separate and distinct statement or allegation.
(3) Dates, sums and numbers shall be expressed in figures and not in words.
113. Signature of counsel shall not be necessary; but where a pleading has been settled by counsel it shall be signed by him; and, if not so settled, it shall be signed by the solicitor, or by the party, if he sues or defends in person.
Signature of pleading. O. 19, r. 4.
in case of
tation, fraud, etc.
114. In all cases in which the party pleading relies on any Particulars misrepresentation, fraud, breach of trust, wilful default or undue to be given influence and in all other cases in which particulars may be misrepreson- necessary, particulars (with dates and items, if necessary) shall be stated in the pleading: Provided that if 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.
0. 19, r. 6.
better
115. A further and better statement of the nature of the Ordering of claim or defence, or further and better particulars of any matter further and stated in any pleading, notice, or written proceeding requiring particulars. particulars, may in all cases be ordered, on such terms as to 0. 19, r. 7. costs and otherwise as may be just.
after
116. -(1) The party at whose instance any particulars have Time for been delivered under an order of the court shall, unless the order pleading otherwise provides, have the same length of time for pleading delivery of after the delivery of the particulars that he had at the return of particulars. the summons.
(2) Except as in this section provided, an order for partic- ulars shall not, unless the order otherwise provides, operate as a stay of proceedings or give any extension of time.
O. 19, r. 8.
statute or
117. Nothing in this Code shall affect the right of any Plea of not defendant to plead not guilty by statute or Ordinance; and every guilty by such defence shall have the same effect as a plea of not guilty Ordinance. by statute has in England: Provided that if the defendant so 0.19, r. 12.
No comments yet.
Private notes are available after approval.