(2)
However, there is no admission under subrule (1) because of a failure to plead
by a party who is, or was at the time of the failure to plead, a person under
a legal incapacity.
(3) A party may plead a non-admission only if—
(a) the
party has made inquiries to find out whether the allegation is true or untrue;
and
(b) the inquiries for an allegation are reasonable having regard to the
time limited for filing and serving the defence or other pleading in which the
denial or non-admission of the allegation is contained; and
(c) the party
remains uncertain as to the truth or falsity of the allegation.
(4) A
party’s denial or non-admission of an allegation of fact must be accompanied
by a direct explanation for the party’s belief that the allegation is untrue
or can not be admitted.
(5) If a party’s denial or non-admission of an
allegation does not comply with subrule (4) , the party is taken to have
admitted the allegation.
(6) A party making a non-admission remains obliged
to make any further inquiries that may become reasonable and, if the results
of the inquiries make possible the admission or denial of an allegation, to
amend the pleading appropriately.
(7) A denial contained in the same
paragraph as other denials is sufficient if it is a specific denial of the
allegation in response to which it is pleaded.
