1964_RULES_OF_THE_SUPREME_COURT — Page 64

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[Subsidiary]

CAP. 4] The Rules of the Supreme Court-Order 18 [1988 Ed.

(2) If in any action which is to be tried with pleadings any party intends, in reliance on section 63 of the Evidence Ordinance (findings of adultery as evidence in civil proceedings) to adduce evidence that a person was found guilty of adultery in matrimonial proceedings, he must include in his pleading a statement of his intention with particulars of---

(a) the finding and the date thereof,

(b) the court which made the finding and the proceedings in

which it was made, and

(c) the issue in the proceedings to which the finding is relevant. (3) Where a party's pleading includes such a statement as is mentioned in paragraph (1) or (2), then if the opposite party-

(a) denies the conviction or finding of adultery to which the

statement relates, or

(b) alleges that the conviction or finding was erroneous, or (c) denies that the conviction or finding is relevant to any issue

in the proceedings,

he must make the denial or allegation in his pleading.

Matters which must be specifically pleaded (O. 18, r. 8)

8. (1) A party must in any pleading subsequent to a state- ment of claim plead specifically any matter, for example, perform- ance, release, any relevant statute of limitation, fraud or any fact showing illegality---

(a) which he alleges makes any claim or defence of the

opposite party not maintainable; or

(b) which, if not specifically pleaded, might take the opposite

party by surprise; or

(c) which raises issues of fact not arising out of the preceding

pleading.

(2) Without prejudice to paragraph (1), a defendant to an action for recovery of land must plead specifically every ground of defence on which he relies, and a plea that he is in possession of the land by himself or his tenant is not sufficient.

(3) A claim for exemplary damages or for provisional dam- ages must be specifically pleaded together with the facts on which the party pleading relies.

(4)

A party must plead specifically any claim for interest under section 48 of the Ordinance or otherwise.

Matter may be pleaded whenever arising (O. 18, r. 9)

9. Subject to rules 7(1), 10 and 15(2), a party may in any pleading plead any matter which has arisen at any time, whether before or since the issue of the writ.