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SCHEDULE II. Ords. 18-21. Costs.
Facts taken as admitted.
Answer to be filed.
How far admission of Claim.
to which, on the Defendant's showing, the Plaintiff is entitled, unless the Plaintiff's claim to that amount is resisted on some other ground of defence; and in default of such payment the Defendant shall be liable to bear the Costs of the Suit, even if he succeed in his defence to the extent of the set-off on which he relies.
DISMISSAL OF SUIT ON GROUNDS OF LAW.
1. Where a Defendant conceives that he has a good legal or equitable defence to the Suit, so that even if the allegations of the Plaintiff were admitted or established, yet the Plaintiff would not be entitled to any decree against the Defendant, he may raise this defence by a motion that the Suit be dismissed without any answer upon questions of fact being required from him.
2. For the purposes of such application, the Defendant shall be taken as admitting the truth of the Plaintiff's allegations, and no evidence respecting matters of fact, and no discussion of questions of fact, shall be allowed.
3. The Court, on hearing the application, shall either dismiss the Suit or order the Defendant to answer the Plaintiff's allegations of fact, and shall make such order as to costs as shall be just.
1. A defence, alleging tender by the Defendant, must be accompanied by payment into Court of the amount alleged to have been tendered.
PAYMENT INTO COURT.
1. Payment into Court shall be accompanied by an answer in writing or reduced into writing. The answer must state that the money is paid in satisfaction of the Plaintiff's claim generally, or (as the case may be) in satisfaction of some specific part of the Plaintiff's claim, where the claim is stated in respect of distinct matters.
2. Payment into Court, whether made in satisfaction of the Plaintiff's claim generally or in satisfaction of some specific part thereof, operates, unless the Defendant in his answer denies liability, as an admission of liability to the extent of the amount paid in, and no more, and for no other purpose.
When money is paid into Court with an answer denying liability it shall be subject to the provisions of Rule 5.
As to Receipt, see Consolidated Regulation 7, Appendix A.
3. Where the Defendant pays money into Court, and the SCHEDULE II. liability of the Defendant in respect of the claim or cause of action in satisfaction of which the payment into Court is made Acceptance of is not denied in the answer, the Plaintiff shall be at liberty to Sum paid. accept the same in full satisfaction and discharge of the cause of Suit in respect of which it is paid in, and in that case the Plaintiff may forthwith apply by motion for payment of the money out of the Court to him; and, on hearing the motion, the Court shall make such Order as to stay of further proceedings in the Suit, in whole or in part, and as to costs and other matters, as seems just.
4. If the Plaintiff does not so apply, he shall be considered as Non-acceptinsisting that he has sustained damages to a greater amount, or (as ance thereof. the case may be) that the Defendant was and is indebted to him in a greater amount than the sum paid in; and in that case the Court, in determining the Suit and disposing of costs at the Hearing, shall have regard to the fact of the payment into Court having been made and not accepted.
5. When the liability of the Defendant, in respect of the claim Payment or cause of action in satisfaction of which the payment into Court into Court has been made, is denied in the answer, the following rules shall Liability. apply:
with denial of
(a) The Plaintiff may accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, in which case he shall be entitled to have the money paid out to him. as hereinafter provided, notwithstanding the Defendant's denial of liability, whereupon all further proceedings in respect of such claim or cause of action except as to Costs, shall be stayed; or the Plaintiff may refuse to accept the money in satisfaction, in which case the money shall remain in Court subject to the provisions hereinafter
(b) If the Plaintiff accepts the money so paid in, he shall be entitled, with the leave of the Court, to have the money paid out to him:
(c) If the Plaintiff does not accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, but proceeds with the action in respect of such claim or cause of action or any part thereof, the money shall remain in Court and be subject to the Order of the Court or a Judge and shall not be paid out of Court except in pursuance of an Order. If the Plaintiff proceeds with the action in respect of such claim or cause of action, or any part thereof, and recovers less than the amount paid into Court, the amount paid in shall be applied, so far as is necessary, in satisfaction of the Plaintiff's claim, and the balance (if any) shall, under such Order, be repaid to the Defendant. If the Defendant succeeds in respect of such claim or cause of action the whole amount shall, under such Order, be repaid to him.
No Payment out without Order.
When Interrogatories may be delivered.
If Answer insufficient.
6. When any money is required to be paid into or deposited in Court, the Court may, if it shall think it expedient, address a request in writing to the Treasurer for the district where such Court may be, calling upon him to receive such money for custody into the safe kept by him for public moneys; and the Treasurer shall thereupon, and upon such money being tendered to him, receive the same, and shall pay or deliver such money to such person as may be directed by an authority of the Court in writing to receive the same.
Such Treasurer, duly observing any direction in writing which he shall receive from the Court respecting such money, shall be free and exonerated of all liability on account of or relating to the
7. A Plaintiff may in answer to a counter-claim pay money into Court in satisfaction thereof subject to the like conditions as to Costs and otherwise upon payment into Court by a Defendant.
8. Money paid into Court under an Order of the Court or a Judge shall not be paid out of Court except in pursuance of an Order of the Court or Judge.
INTERROGATORIES: DISCOVERY AND PRODUCTION OF DOCUMENTS.
1. Any party may, by leave of the Court (but if he is required to deliver any pleading, not until he has delivered a sufficient pleading), deliver Interrogatories in writing for the examination of the opposite party upon any matter as to which discovery may be sought.
2. The Court may strike out or permit to be amended any Interrogatory which, in the opinion of the Court, is scandalous or irrelevant, or not put bonâ fide for the purposes of the action, or not sufficiently material, or in any other way objectionable.
3. The party interrogated shall answer the Interrogatories subject to just exceptions.
4. If any party interrogated omits to answer or insufficiently, without having just cause, the party interrogating may apply to the Court for an Order requiring him to answer or to answer further. Thereupon, or upon the Court's own motion, if the Court thinks fit, an Order may be made requiring him to answer, or to answer further, either by affidavit or by vicâ voce examination, as the Court may direct.
5. The Court may order any party to the Suit to make discovery upon oath of the documents, which are or have been in his possession or power, relating to any matter in question in the Suit.
6. The Court may, at any time during the pendency therein of any Suit or proceeding, order the production by any party thereto, upon oath, of any documents in his possession or power relating to any matter in question in such Suit or proceeding, and the Court may deal with such documents, when produced, as shall appear just.
7. The Court may, in its discretion, on the application of any of SCHEDULE II. the parties to any Suit or proceeding, compel any other party to Ords, 22-23. allow the applicant to inspect all or any documents in the custody Inspection of or under the control of such other party relative to such Suit, and, Documents. if necessary, to take examined copies of the same.
8. Whenever any of the parties to a Suit is desirous that any Notice to produce. document or other thing which he believes to be in the possession or power of another of the parties thereto, or of any other person, should be produced at any hearing of the Suit, he shall at the earliest opportunity serve the party, in whose possession or power he believes the document or other thing to be, with a notice in writing calling upon him to produce the same.
9. In case it shall appear to the Court that there is reasonable Order for ground to believe that such document or thing will not be produced Production. pursuant to such notice, the Court may make an Order for the production of the same at the hearing of the Suit, by the party served with the notice, subject to just exceptions.
10. If the party from whom discovery of any kind, or production Where right or inspection, is sought, objects to the same or any part thereof, to Production the Court, if satisfied that the right to the discovery or production Questions in depends on or inspection sought depends on the determination of any issue or dispute. question in dispute in the Suit, or that for any other reason it is desirable that any issue or question in dispute in the Suit should be determined before deciding upon the right to the discovery or inspection, may order that such issue or question be determined first, and reserve the question as to the discovery or inspection.
11. If any party fails to comply with any Order to answer Penalty on Interrogatories, or for discovery or production or inspection of failure to documents, he shall be liable to attachment. He shall also, if a Order to comply with Plaintiff, be liable to have his action dismissed for want of Answer or for prosecution, and if a Defendant, to have his defence, if any, struck Discovery. out, and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court for an Order to that effect, and an Order may be made accordingly.
1. Any party to a Suit may give notice, by his own statement Any Party or otherwise, that he admits the truth of the whole or any part of may give the case stated or referred to in the writ of summons, statement of Admissions. claim, defence, or other statement of any other party.
2. Any party may, by leave of the Court, call upon any other By leave of party, by notice filed in Court and served under Order of the Court, Party Court, to admit any document or fact, saving just exceptions.
3. In case of refusal or neglect to admit, the costs of proof admit. of the document or fact shall be paid by the party refusing or Costs of Proof neglecting to admit, whatever be the result of the cause, unless where refusal the Court is of opinion that the refusal or neglect to admit was reasonable reasonable.
SCHEDUEE II. 4. If the parties shall agree to the terms and conditions on which Ords. 23-25. judgment shall be entered, and shall sign a statement of such terms Judgment by and conditions before a District Commissioner, a Justice of the Peace, or the Registrar of the Court in which the action is taken, the Court may, unless it sees good reason to the contrary, enter judgment accordingly, without hearing the parties.
5. If any Defendant shall in like manner as in the preceding rule mentioned sign a statement admitting the amount claimed or missioner, &c. any part thereof, the Court shall, unless it sees good reason to the contrary, receive such statement in evidence as an admission without further proof.
SETTLEMENT OF ISSUES.
1. At any time before or at the Hearing, the Court may, if it thinks fit, on the application of any party, or of its own motion, proceed to ascertain and determine what are the material questions in controversy between the parties, and may reduce such questions into writing and settle them in the form of Issues, which Issues when settled may state questions of Law on admitted facts, or questions of disputed fact, or questions partly of the one kind and partly of the other.
2. The Court may, if it thinks fit, direct the parties to prepare direct Parties such Issues, and the same shall be settled by the Court.
to prepare Issues. When to be settled.
At or before
3. The Issues may be settled without any previous notice at any stage of the proceedings at which all the parties are actually present or at the Hearing. If otherwise, notice shall be given to the parties to attend at the settlement of the Issues.
4. At any time before the decision of the case, if it shall appear to the Court necessary for the purpose of determining the real tional Issues. question or controversy between the parties, the Court may amend
Court may amend or frame Addi
the Issues or frame Additional Issues on such terms as to it shall seem fit.
1. Suits shall ordinarily be heard and determined in a summary Statements, in manner without pleadings; but where it appears to the Court (for reasons recorded in the Minutes) that the nature and circumstances of any case render it expedient, in the interests of justice, to do so, the Court may order the Plaintiff to file a written statement of his claim (called the Petition), and may likewise order the Defendant to file a written Answer or statement of his defence. The filing of a Petition shall not necessarily involve, unless the Court so directs, that an Answer shall also be filed. The Order may be made at any stage of a suit, either before or at the Hearing.