« EdellinenJatka »
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 Facts taken respecting matters of fact and no discussion of questions of fact shall be allowed.
as admitted. Order on
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.
RULES OF CIVIL PROCEDURE.
1. A defence, alleging tender by the defendant, must be accom- Payment into panied by payment into Court of the amount alleged to have been Court of
PAYMENT INTO COURT.
1. Payment into Court shall be accompanied by an answer in Answer to writing or reduced into writing. The answer must state that the be filed. 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 How far plaintiff's claim generally or in satisfaction of some specific part admission of thereof, operates as an admission of liability to the extent of the amount paid in, and no more, and for no other purpose.
3. Where the defendant pays money into Court, the plaintiff shall Acceptance be at liberty to accept the same in full satisfaction and discharge of the of sum paid. 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 the ance thereof. 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 any money is required to be paid into or deposited in Custody of Court, the Court, may, if it shall think it expedient, address a request money. in writing to the Collector of Customs and Treasurer, or to the Assistant Treasurer, for the District where such Court may be, calling upon him
* Office abolished by No. 4 of 1885, which substitutes other provisions.
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), tories may be 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 answers 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 vivâ voce examination, as the Court may direct.
If answer insufficient.
Discovery of documents.
Production of documents.
Inspection of documents.
Notice to produce
to receive such money for custody into the safe kept by him for public moneys; and the Collector of Customs and Treasurer, or such Assistant Treasurer, as the case may be, 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 Collector of Customs and Treasurer, or Assistant 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 same.
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 the parties to any suit or proceeding, compel any other party to allow the applicant to inspect all or any documents in the custody or under the control of such other party relative to such suit, and, if necessary, to take examined copies of the same.
8. Whenever any of the parties to a suit is desirous that any 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
* Office abolished by No. 4 of 1885, which substitutes other provisions.
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 or inspection, is sought, objects to the same or any part thereof, the right to Court may, if satisfied that the right to the discovery or production production depends on or inspection sought depends on the determination of any issue or questions in question in dispute in the suit, or that for any other reason it is dispute. 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 inter- Penalty on rogatories, or for discovery or production or inspection of documents, failure to he shall be liable to attachment. He shall also, if a plaintiff, be liable comply with to have his action dismissed for want of prosecution; and, if a defendant, answer, or for to have his defence (if any) struck out, and to be placed in the same discovery. 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 or otherwise, that he admits the truth of the whole or any part of the case stated or referred to in the writ of summons, statement of claim, defence, or other statement of any other party.
2. Any party may, by leave of the Court, call upon any other party, by notice filed in Court and served under order of the Court, to admit any document or fact, saving just exceptions.
3. In case of refusal or neglect to admit, the costs of proof of the document or fact shall be paid by the party refusing or neglecting to admit, whatever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.
RULES OF CIVIL PROCEDURE.
SETTLEMENT OF ISSUES.
1. At any time before or at the hearing, the Court may, if it At or before thinks fit, on the application of any party, or of its own motion, proceed hearing. 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 PROCEDURE. state questions of law on admitted facts, or questions of disputed fact,
Court may direct parties to prepare issues. When to be settled.
Court may amend or frame
Written statements: in what cases.
The pleading to state all material facts.
How facts to be stated.
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 such issues, and the same shall be settled by the Court.
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 question or controversy between the parties, the Court may amend 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 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.
2. In making any such order, the Court shall have regard to the condition of the parties, and shall not require any party to file a written statement who, from want of education, is incapable of preparing or understanding the same. If in any case the Court considers it necessary, in the interests of justice, that any statement of such party should be reduced into writing previous to the hearing, the Court may direct that the same be taken down in writing by the Registrar, Interpreter, or other fit officer of the Court, and after verifying the statement so prepared by oral examination of the party where necessary, may direct, if it thinks fit, that such statement be filed as a pleading.
Wherever any pleading, petition, or answer is ordered to be filed, the provisions of the following rules shall be observed:
3. Every pleading shall contain a statement of all the material facts on which the party pleading relies, but not the evidence by which they are to be proved, such statement being divided into paragraphs numbered consecutively, and each paragraph containing as nearly as may be a separate allegation.
4. The facts shall be alleged positively, precisely, and distinctly, and as briefly as is consistent with a clear statement.
5. Every statement of claim shall state specifically the relief claimed to be which the plaintiff claims, either simply or in the alternative, and may also ask for general relief, and the same rule shall apply to any
counter-claim made or relief claimed by the defendant in his statement of defence.
RULES OF CIVIL PROCEDURE.
6. Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly. And the same rule shall apply where the defendant relies upon several facts to be distinct grounds of set-off or counter-claim founded upon separate and separately distinct facts.
claim founded on separate
8. It shall not be sufficient to deny generally the facts alleged by the statement of claim, but the defendant must deal specifically therewith, either admitting or denying the truth of each allegation of fact seriatim, as the truth or falsehood of each is within his knowledge, or (as the case may be) stating that he does not know whether such allegation or allegations is or are true or otherwise.
7. The defendant's pleading shall deny all such material allega- Defendant's tions in the petition as the defendant intends to deny at the hearing. pleading to Every allegation of fact, if not denied specifically or by necessary im- tions in plication, or stated to be not admitted, shall be taken as established petition. at the hearing.
shall not be met generally,
9. When a party denies an allegation of fact, he must not do so evasively, but answer the point of substance. And when a matter of fact is alleged with divers circumstances, it shall not be sufficient to deny it as alleged along with those circumstances, but a fair and substantial answer must be given.
10. The answer shall admit such material allegations in the Admissions : petition as the defendant knows to be true, or desires to be taken as admitted, and such allegations may be taken as established without proof thereof.
Denial of fact must answer point
11. The answer must allege any fact not stated in the petition on Allegation of which the defendant relies in defence, as establishing, for instance, defence. new facts in fraud on the part of the plaintiff, or showing that the plaintiff's right to recover, or to any relief capable of being granted on the petition, has not yet accrued, or is released, or barred, or otherwise gone.
12. Where any defendant seeks to rely upon any facts, as sup- Alleged porting a right of set-off or counter-claim, he shall, in his statement set-off or of defence, state specifically that he does so by way of set-off or to be counter-claim, and the particulars of such set-off or counter-claim shall specifically be given.
13. The answer of a defendant shall not debar him at the hearing Evidence in from disproving any allegation of the plaintiff not admitted by the denial of answer, or from giving evidence in support of a defence not expressly in support of set up by the answer, except where the defence is such as, in the opinion defence not of the Court, ought to have been expressly set up by the answer, or is set up in inconsistent with the statements thereof, or is, in the opinion of the Court, likely to take the plaintiff by surprise and to raise new issues not fairly arising out of the pleadings, as they stand, and such as the plaintiff ought not to be then called upon to try.
14. Where the Court shall be of opinion that any allegations of Costs in fact, denied or not admitted by any pleading, ought to have been certain cases. admitted, the Court shall make such order as may be just with respect to costs.
15. The Court may order any plaintiff or defendant to verify his Verification statement, or any part thereof, on oath or affidavit. of pleadings