CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
733
(2) Such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit and shall then operate as a denial of the facts not so admitted.
denial.
124. When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances.
bare denial of contract,
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 29 Car. 2, c. 3, or otherwise.
document.
126. Where the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof 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.
127. Where it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any 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.
notice.
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 the same as a fact without setting out the circumstances from which the same is to be inferred.
Mode of alleging contract or relation to...
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
733
(2) Such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit and shall then operate as a denial of the facts · not so admitted.
denial.
124. When a party in any pleading denies an allegation of Evasive fact in the previous pleading of the opposite party, he must not
O. 19, r. 19. do so evasively but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances.
bare denial of contract,
125. Where a contract, promise or agreement is alleged in Effect of 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, etc. promise or agreement alleged, or of the matters of fact, from 0.19, r. 20. 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 29 Car. 2, or otherwise.
c. 3.
document.
126. Where the contents of any document are material, it Mode of shall be sufficient in any pleading to state the effect thereof as stating briefly as possible, without setting out the whole or any part 0. 19, r. 21. thereof, unless the precise words of the document or any part thereof are material.
127. Where it is material to allege malice, fraudulent inten- Mode of alleging
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tion, knowledge or other condition of the mind of any person,
"malice, etc. it shall be sufficient to allege the same as a fact without setting 0, 19, r. 22. out the circumstances from which the same is to be inferred.
notice.
128. Where it is material to allege notice to any person of Mode of any fact, matter or thing, it shall be sufficient to allege such alleging notice as a fact, unless the form or the precise terms of such 0.19, r. 23. notice, or the circumstances from which such notice is to be' inferred, is or are material.
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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
Mode of alleging contract or
relation to
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