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PLEADING generally-continued.

They are to be delivered according to the former procedure; and if no appearance has been entered, by being filed with the proper officer (Ord. 19, r. 6).

They are to be marked on the face with

1. The date when delivered;

2. The reference to the action;

3. The division to which action assigned;
4. The judge (if any) to whom assigned;
5. The title of the action;

6. The description of the pleading;

7. The name and place of business of the solicitor delivering them; or

7a. The name and address of the person delivering the same, if acting in person (Ord. 19, r. 7).

A pleading denying any allegation in a previous pleading must not do so evasively, but answer the point in substance, and generally a fair and substantial answer must be given (Ord. 19, r. 22).

[Set-off-A defendant may set-off, by way of
counter-claim, any right or claim, though
sounding in damages, and the court may pro-
nounce final judgment thereon in the same
action; but the Court or Judge, if of opinion
that such counter-claim-

(a) Cannot be conveniently disposed of in
the pending action, or
(b) Ought not to be allowed,

may refuse permission to the defendant to avail
himself thereof (Ord. 19, r. 3).]

Where either party wishes to deny the right of any

other party to claim as

(a) Executor;

(b) Trustee (in bankruptcy or otherwise);
(c) In any representative capacity;

PLEADING generally-continued.

(d) In any other alleged capacity; or

(e) The alleged constitution of any partnership firm,

he shall deny the same specifically (Ord. 19, r. 11).

Pleas in "Abatement," and "New Assignment" are abolished, and any matter formerly introduced by new assignment is to be introduced by amendment of the statement of claim (Ord. 19, rr. 13, 14).

Each party in any pleading must

1. Allege all such facts not appearing in the previous pleadings as he means to rely on; and 2. Raise all such grounds of defence or reply (as the case may be) which, if not so raised, would

(a) Be likely to take the opposite party by surprise; or

(b) Would raise new issues of fact not arising out of the pleadings (Ord. 19, r. 18).

Every allegation of fact is to be taken to be admitted, except as against

1. An infant,

2. A lunatic, or

3. A person of unsound mind,

if not denied

(a) Specifically, or

(b) By necessary implication (Ord. 19, r. 17).

It is not sufficient for

1. A defendant in his defence, or

2. A plaintiff in his reply,

to deny generally the claim, or counter-claim; but the party must deal specifically with each allegation of fact of which he does not admit the truth (Ord. 19, r. 20).

A bare denial by any party of a contract is to be considered only as a denial of the making of such contract

PLEADING generally-continued.

in fact, and not of its legality or sufficiency in law, whether with reference to the Statute of Frauds or otherwise (Ord. 19, r. 23).

No pleading (not being a petition or summons) shall— [except by way of amendment]

1. Raise any new ground of claim; or

2. Contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same (Ord. 19, r. 19).

Effect of joinder of issue. Joinder of issue is to operate as a denial of every material allegation of fact in the pleading on which issue is joined—

[except any facts which the party may be willing to admit] (Ord. 19, r. 21).

Neither party need in any pleading allege any matter of fact which

1. The law presumes in his favour, or
2. As to which the burden of proof lies

other side,

upon

the

unless the same has first been specifically denied (Ord. 19, r. 28).

[For example, the consideration for a bill where the plaintiff sues on the bill, and not for the consideration as a substantive ground of claim.]

Provisions for shortening and simplifying pleadings.

1. As to Malice.-Where it is necessary to allege (1.) Malice,

(2.) Fraudulent intention,

(3.) Knowledge, or

(4.) Other condition of the mind,

it is to be sufficient to allege the same as a fact, without setting out the circumstances from which it is to be inferred (Ord. 19, r. 25).

PLEADING generally-continued.

2. Notice. When it is material to allege notice, it shall be sufficient to allege such notice as a fact (Ord. 19, r. 26).

3. Implied Contract.-When any contract is to be implied

(a) From a series of letters,

(b) Series of conversations, or

(c) Otherwise, from a number of circumstances,

it is to be enough to allege such contract as a fact, and to refer to such letters, conversations, &c., without setting them out in detail (Ord. 19, r. 27). [And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative (Ord. 19, r. 27).]

4. Documents. Where the contents of any document are material, the effect thereof is to be stated as briefly as possible, without setting out the whole or any part thereof, unless the precise words are material (Ord. 19, r. 24).

(Pleading matters arising during the Action.)

1. By Defendant-without leave.

Any ground of defence which has arisen since action brought, but

(a) Before the defendant has delivered his defence, and

(b) Before the expiration of the time for doing

So,

may be pleaded by the defendant in his defence;
(c) Either alone, or

(d) Together with other grounds of defence
(Ord. 20, r. 1).

PLEADING generally-continued.

2. By Defendant-by leave.

After delivery of defence, or expiration of time for doing so, defendant may,

(a) Within eight days after ground of defence has arisen, and

(b) By leave of the Court or a Judge,

deliver a further defence setting forth such new grounds (Ord. 20, r. 2).

3. By Plaintiff—without leave.

After delivery of statement of claim, any ground of defence arising to any set-off or counter-claim may be pleaded by the plaintiff in his reply, either

(a) Alone, or

(b) With other grounds of reply (Ord. 20, r. 1).

4. By Plaintiff—with leave.

After delivery of defence, or the expiration of time for doing so, the plaintiff may

(a) Within eight days after defence has arisen, and

(b) By leave of the Court or Judge,

deliver a further reply setting forth the grounds of defence to the set-off, or counterclaim, which arose since reply (Ord. 20, r. 2).

CONFESSION of Defence by Plaintiff.

Whenever any defendant, in his defence, or in any further defence, alleges any ground of defence which has arisen after the commencement of the action, the plaintiff may deliver a confession of such defence; and he may thereupon sign judgment for his costs up to the time of such defence, unless otherwise ordered (Ord. 20, r. 3).

A.C.L.

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