Θεσμοί Πολιτικής Δικονόμίας

2. The plaintiff shall, subject to the provisions of Order 20, and at such time and in such manner as therein prescribed, deliver to the defendant a statement of his claim, and of the relief or remedy to which he claims to be entitled. The defendant shall, subject to the provisions of Order 21, and at such time and in such manner as therein prescribed, deliver to the plaintiff his defence or counter-claim (if any). And the plaintiff shall, subject to the provisions of Order 21, and at such time and in such manner as therein prescribed, deliver his reply (if any) to the defence, and his own defence to the counter-claim. Such statements shall be as brief as the nature of the case will admit.

3. Subject to the provisions of Rule 10 of Order 21, a defendant in an action may set up by way of counter-claim against the claims of the plaintiff any right of claim, whether such counter-claim sound in damages or not, and such counter-claim shall have the same effect as a cross-action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross-claim.

4. Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, enumbered consecutively. Dates, sums, and enumbers shall be expressed in figures and not in words. The pleadings shall be signed by the advocate, or by the party, if he sues or defends in person.

5. In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, full particulars thereof shall be stated in the pleading. In the case of fraud the alleged fraudulent acts must be specially set out and it must be averred that such acts were done fraudulently.

6. A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just.

7. Before applying for an order for particulars a party may apply for them by letter. The costs of the letter and of any particulars delivered pursuant thereto shall be allowed on taxation. In dealing with the costs of any application for an order for particulars, the provisions of this Rule shall be taken into consideration by the Court or Judge.

8. Particulars of a claim shall not be ordered under Rule 6 of this Order to be delivered before defence unless the Court or Judge shall he of opinion that they are necessary or desirable to enable the defendant to plead or ought for any other special reason to be so delivered.

9. The party at whose instance particulars have been delivered under a Judge's order shall, unless the order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the date of the order. Save as in this Rule provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time.

10. Every pleading shall be delivered between parties and marked on the face with the date of delivery and the enumber and title of the action, and shall be endorsed with the name and address of the advocate delivering the same, or of the party delivering it if he does not act by an advocate.

11. Every allegation of fact in any pleading, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, or person of unsound mind.

12. Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and subject thereto an averment of the performance or occurrence of all conditions precedent necessary for the case of a plaintiff or defendant shall be implied in his pleading.

13. The defendant or plaintiff, as the case may be, must raise by his pleading all matters which show the action or counterclaim not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings as, for instance, fraud, prescription or limitation of time, release, payment, performance, or facts showing illegality of any kind, or rendering the claim or counter-claim unenforceable.

14. No pleading shall, except y way of amendment where leave to amend has been granted, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

15. It shall not be sufficient for a defendant in his defence to deny generally the grounds alleged by the statement of claim, or for a plaintiff in his defence to a counter-claim to deny generally the grounds alleged in a defence by way of counter-claim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages.

16. When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance. Thus if it be alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances.

17. Subject to Rule 15 of this Order, the plaintiff by his reply may join issue upon the defence, and each party in his pleading (if any) subsequent to reply, may join issue upon the previous pleading. Such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit, and shall then operate as a denial of the facts not so admitted.

18. When a contract, promise, or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract, promise, or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise, or agreement, whether with reference to any enactment requiring the same to be evidenced in any particular way, or otherwise.

19. Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.

20. Wherever it is material to allege malice, fraudulent intention, knowledge, or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.

21. Wherever it is material to allege notice to any person of any fact, matter, or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, be material.

22. Whenever any contract or any relation between any persons is to be implied from a series of letters or conversations, or otherwise from a enumber of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations, or circumstances without setting them out in detail. 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.

23. Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied (e.g. consideration for a bill of exchange where the plaintiff sues only on the bill, and not for the consideration as a substantive ground of (claim).

24. In probate actions it shall be stated with regard to every defence which is pleaded what is the substance of the case on which it is intended to rely : and further where it is pleaded that the testator was not of sound mind, memory, and understanding, particulars of any specific instances of delusion shall he delivered before the case is set down for trial, and, except by leave of the Court or a Judge, no evidence shall he given of any other instances at the trial.

26. The Court or a Judge may, at any stage of the proceedings, order to be struck out or amended any matter in any indorsement or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass, or delay the fair trial of the action.

27. Where in any cause or matter it appears to the Court or a Judge that the issues of fact in dispute are not sufficiently defined by the pleadings, the parties may be directed to prepare issues, and such issues shall, if the parties differ, be settled by the Court or a Judge.