Please enable JavaScript.
Coggle requires JavaScript to display documents.
RULES OF WRITTEN STATEMENT (RULE 1 (:warning: IN CASE THE DEFENCE NEEDS TO…
RULES OF WRITTEN STATEMENT
RULE 1
:warning:
IN CASE THE DEFENCE NEEDS TO RELY ON DOCUMENTS, PROCEED TO RULE 1A
RULE 1A
DOCUMENTS ON WHICH DEFENCE RELIES THAT ARE IN HIS POSSESSION OR POWER, SUPPORTING
FOR SET-OFF
FOR COUNTER-CLAIM
FOR DEFENCE
DOCUMENTS SHALL BE PRODUCED & DELIVERED IN COURT ALONG WITH THE WRITTEN STATEMENT AND A COPY OF THE DOCUMENT.
IF A DOCUMENT, UNDER THIS RULE IS NOT SO PRODUCED BY THE DEFENDANT, THEN IT SHALL NOT BE RECEIVED AS EVIDENCE
(EXCEPTION)- PERMISSION OF THE COURT
NOT TO BE APPLIED TO DOCUMENTS
CROSS-EXAMINATION OF PLANTIFF'S WITNESSES
HANDED TO A WITNESS TO REFRESH HIS MEMORY
NOW TO FIND OUT, WHAT SHALL CONSTITUTE A WRITTEN STATEMENT, PROCEED TO RULE 2,3,4,5
: :checkered_flag:
RULE 2
1 more item...
ANY OTHER DEFENCE WHICH MAY SURPRISE THE OPPOSITION PARTY IF NOT ARISING OUT OF ISSUES IN THE PLAINT
THE DEFENDANT MUST RAISE ALL MATTERS WHICH SHOW THAT THE SUIT IS NOT MAINTAINABLE
RULE 3
THE DEFENCE MUST DEAL WITH SUCH FACTS SPECIFICALLY
(EXCEPTION) DAMAGES
IT IS NOT SUFFICIENT TO MERELY DENY ALLEGATION OF FACTS.
1 more item...
RULE 4
MERE DENIAL OF FACTS ALLEGED IN THE PLAINT IS NOT SUFFICIENT
SIMILARLY, INCASE OF ALLEGATIONS WITH DIVERSE CIRCUMSTANCES, IT IS NOT SUFFICIENT TO SIMPLY DENY THEM
1 more item...
THE ANSWER MUST BE TO THE POINT OF SUBSTANCE
RULE 5
1 more item...
ALLEGATION OF A FACT IF
NOT DENIED
1 more item...
STATED TO BE NOT ADMITTED
1 more item...
THE COURT HAS DISCRETION TO REQUIRE ANY FACT, SO ADMITTED, TO BE PROVED OTHERWISE
INCASE, NO PLEADING IS FILED BY THE DEFENDANT, THE COURT CAN PRONOUNCE JUDGEMENT, BASED ON FACTS IN THE PLAINT ALONE. (EXCEPTION- A PERSON UNDER DISABILITY)
IN EXERCISING SUCH DISCRETION, THE COURT MAY LOOK INTO WHETHER THE DEFENDANT COULD HAVE OR HAS ENGAGED A PLEADER.
IF A JUDGEMENT IS MADE UNDER THIS RULE, A DECREE SHALL BE DRAWN UP BEARING THE DATE OF THE JUDGEMENT
FILING OF WRITTEN STATEMENT
FILING OF WRITTEN STATEMENT NOT ALLOWED LATER THAN 30 DAYS
WITHIN 30 DAYS, FROM THE DATE OF SERVICE OF SUMMONS
REASONS TO BE RECORDED IN WRITING
IF NOT, SHALL BE ALLOWED ON SUCH OTHER DAY, AS THE COURT THINKS FIR