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. O. 19, r. 19, (E). 0. XIX, rr. 18-22. 161 contract. 18. When a contract, promise, or agreement is alleged in Denial of any pleading, a bare denial of the same by the opposite party [Cf. R. 282, (O)]. 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 the Statute of Frauds or otherwise. O. 19, r. 20, (E). 162 documents to be stated. [Cf. R. 275, (O)]. 19. Wherever the contents of any document are material, Effect of 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. O. 19, r. 21, (E). 163 malice, etc. 20. Wherever it is material to allege malice, fraudulent Allegation of intention, knowledge, or other condition of the mind of any [Cf. R. 276, (O)]. 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. O. 19, r. 22, (E). notice. 161 C. R. 277, (O)]. 21. Wherever it is material to allege notice to any person Allegation of 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. O. 19, r. 23, (E). 165 contract or [Cf. R. 278, (0)]. 22. Whenever any contract or any relation between any Implied persons is to be implied from a series of letters or conversa- relation. tions, or otherwise from a number 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. O. 19, r. 24, (E). 0. XIX, rr. 23-28. 166 Facts presumed need not be stated. [R. 279, (O)]. 167 Denial of representative capacity. 23. Neither party need in any pleading allege any matter of fact which the law presumes in his favor, 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). O. 19, r. 25, (E). 24, If either party wishes to deny the right of any other [CE. R. 280, (0)). party to claim as executor, or as trustee whether in bankruptcy or insolvency or otherwise, or in any representative or other alleged capacity, or the alleged constitution of any partnership firm, he shall deny the same specifically. O. 21, r. 5, (E), am. 169 Incorporation. 170 Technical objection. 25. Unless the incorporation of a corporate party is specifically denied, it shall not be necessary to prove it. R. 281,(O). 26. No technical objection shall be raised to any pleading (Cf. R. 309, (O)). on the ground of any alleged want of form. O. 19, r. 26, (E). 171 Striking out pleadings. [Cf. R. 298, (O)]. 172 Delivery includes filing. 0. XX, r. 1. 173 Statement of claim. 27. 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 scandallous, or which may tend to prejudice, embarrass, or delay the fair trial of the action; and may in any such case, if they or he shall think fit, order the costs of the application to be paid as between solicitor and client. O. 19, r. 27, (E). 28. Delivering a statement of claim or defence, or other pleading, document or proceeding, when mentioned or referred to in these Orders, includes filing, where under the practice of the Supreme Court or Supreme Court in Equity at the commencement of these Rules, or otherwise, or under these Orders, statements, pleadings, documents or proceedings of a like kind ought to be filed. See R. 267, (0). ORDER XX. STATEMENT OF CLAIM. 1. The delivery of statements of claim shall be regulated [Cf. RR. 243, as follows: 245, (O)]. (a) Where the writ is specially indorsed under Order II., rule 5, no further statement of claim shall be delivered, but the indorsement on the writ shall be deemed to be the statement of claim; (0) J. 0. XX. rr. 2, 3. (b) Subject to the provisions of Order XI., rule 6, as to delivering a statement of claim, and Order XIII., rule 2, as to filing a statement of claim, no state- [Cf. R. 243a., ment of claim need be delivered unless the defendant, at the time of entering appearance, or within eight days thereafter, gives notice in writing to the plaintiff or his solicitor that he requires a statement of claim to be delivered, or unless the same be ordered under Order XXX. or Order XVIIa., r. 3. () If no statement of claim has been delivered, and the [Cf. R. 245 (3), (0)]. (d) The plaintiff may, except as in (a) mentioned, [R. 2436., (O) ]. deliver a statement of claim, either with the writ (e) of summons or notice in lieu of writ of summons, Where the plaintiff delivers a statement of claim 174 2. Whenever a statement of claim is delivered the plaintiff Claim differing from may therein alter, modify, or extend his claim without any indorsement. amendment of the indorsement of the writ. O. 20, r. 4, (E). [R. 244, (O)]. 175 [Cf. R. 273, (O)]. 3. Every statement of claim shall state specifically the Claim of relief. relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief, which may always be given, as the Court or a Θ. ΧΧ. rr. 4, 5. 176 Relief founded on separate grounds. [Cf. R. 274, (O)`. 177 Stated or settled account. Ο. ΧΧΙ, rr. 1-3. Judge may think just, to the same extent as if it had been asked for. And the same rule shall apply to any counterclaim made, or relief claimed by the defendant, in his defence. O. 20, r. 6, (E). 4. Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly. And the same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counterclaim, founded upon separate and distinct facts. O. 20, r. 7, (E). 5. In every case in which the cause of action is a stated or settled account, the same shall be alleged with particulars; but in every case in which a statement of account is relied on by way of evidence or admission of any other cause of action which is pleaded, the same shall not be alleged in the pleadings. O. 20, r. 8, (E). ORDER XXI. 178 Mere denial of debt insufficient. 179 Defences to actions on bills, etc. 180 Defences to actions under classes r. 5. 1. DEFENCE AND COUNTERCLAIM. In actions for a debt or liquidated demand in money, comprised in Order II., Rule 5, a mere denial of the debt shall be inadmissible. O. 21, r. 1, (E). 2. In actions upon bills of exchange, promissory notes, or cheques, a defence in denial must deny some matter of fact; e. g., the drawing, making, endorsing, accepting; presenting, or notice of dishonour of the bill or note. O. 21, r. 2, (E). 3. In actions comprised in Order II., Rule 5, classes (A) A. & B., O. 2, and (B), a defence in denial must deny such matters of fact, from which the liability of the defendant is alleged to arise, as are disputed; e. g., in actions for goods bargained and sold or sold and delivered, the defence must deny the order or contract, the delivery, or the amount claimed; in an action for money had and received, it must deny the receipt of the money, or the existence of those facts which are alleged to make such receipt by the defendant a receipt to the use of the plaintiff. O. 21, r. 3, (E). O. XXI, rr. 4-10. Pleading to claim of 182 defence to 4. No denial or defence shall be necessary as to damages claimed or their amount; but they shall be deemed to be put in issue in all cases, unless expressly admitted. O. 21, r. 4 (E). damages. 5. Where a defendant has appeared to a writ of summons Delivery of specially indorsed under Order II., Rule 5, he shall deliver his specially defence within ten days from the time limited for appearance, [Cf. R. 216, (O)]. unless such time is extended by the Court or a Judge, or unless in the meantime the plaintiff serves a summons for judgment under Order XIV., or a summons for directions. O. 21, r. 6, (E). indorsed writ. 183 defence where under O. 14. 6. Where leave has been given to a defendant to defend, Delivery of under Order XIV., he shall deliver his defence, if any, within leave given such time as shall be limited by the order giving him leave to defend; or, if no time is thereby limited, then within eight days after the order. O. 21, r. 7, (E). 184 delivery of 7. When a statement of claim is delivered pursuant to an Time for order, or filed in default of appearance under Order XIII., defence under rule 2, the defendant, unless otherwise ordered, shall deliver order. his defence within such time (if any) as shall be specified in such order, or, if no time be specified, within ten days from the delivery, or filing in default, of the statement of claim, unless in either case the time is extended by the Court or a Judge. O. 21, r. 8, (E). 185 make proper [Cf. R. 1149, 8. Where the Court or a Judge shall be of opinion that Failure to any allegations of fact denied or not admitted by the defence admissions. ought to have been admitted, the Court or Judge may make (o). such order as shall be just with respect to any extra costs occasioned by their having been denied or not admitted. O. 21, r. 9, (E). 186 staying 9. Where any defendant seeks to rely upon any grounds Defence as supporting a right of counterclaim, he shall, in his state- counterclaim. ment of defence, state specifically that he does so by way of counterclaim. O. 21, r. 10, (E). 187 affecting third (Cf. R. 248, (O)]. 10. Where a defendant by his defence sets up any coun- Counterclaim terclaim which raises questions between himself and the persons. plaintiff, along with any other persons, he shall add to the title of his defence a further title similar to the title in a statement of claim, setting forth the names of all the persons who, if such counterclaim were to be enforced by cross action, would be defendants to such cross action, and shall deliver |