732
No. 3 of 1901.
OF
CODE OF CIVIL PROCEDURE.
Admission of fact not specifically denied,
O. 19, r. 13.
Condition precedent to be specified in certain cases.
O. 19, r. 14.
Pleading to raise all grounds of defence or reply.
O. 19, r. 15.
29 Car. 2, c. 3.
Prohibition of departure in pleading.
O. 19, r. 16.
Obligation to deal specifically with allegation not admitted.
O. 19, r. 17.
Joinder of issue.
O. 19, r. 18.
pleads he shall not plead any other defence to the same cause of action, without the leave of the court.
118. Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted, in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic or person of unsound mind not so found by inquisition.
119. Any condition precedent the performance or occurrence of which is intended to be contested shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.
2
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 Ordinance or common law, or the Statute of Frauds.
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.
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.
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.
732
No. 3 of 1901.
OF
CODE OF CIVIL PROCEDURE.
Admission of fact not specifically denied,
O. 19, г. 13.
Condition
precedent to Le specified in certain cases.
O: 19, r. 14. Į
Pleading to raise all grounds of defence or reply.
O 19, r. 15.
29 Car: 2, c. 3.
Prohibition
of departure. in pleading.
O. 19, r. 16.
Obligation to deal specifically with allega
tion not admitted.
0. 19, r. 17.
Joinder of issue.
O. 19, r. 18.
pleads he shall not plead any other defence to the same cause of action, without the leave of the court.
118. Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted, in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic or person of unsound mind not so found by inquisition.
119. Any condition precedent the performance or occurrence of which is intended to be contested shall be distinctly specified' in his pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.
2
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 Ordinance or common law, or the Statute of Frauds.
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.
122. It shall not be sufficient for a defendant in his state- ment of defence to deny generally the grounds alleged by the statement of claim, or for a plaintiff in his.answer to a counter- claim 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.
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.
:
No comments yet.
Private notes are available after approval.