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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010 (SR NO 140 OF 2010) - REG 13.02 Defence

MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010 (SR NO 140 OF 2010) - REG 13.02

Defence

    (1)     A defence must state which of the facts stated in the statement of claim are—

        (a)     admitted;

        (b)     denied;

        (c)     not admitted.

    (2)     A defendant who, in the defence, does not state whether a fact stated in the statement of claim is—

        (a)     admitted;

        (b)     denied;

        (c)     not admitted—

must be taken to admit the fact.

    (3)     A defendant who states that a fact stated in the statement of claim is denied must—

        (a)     give reasons for denying the fact; and

        (b)     if the defendant intends to prove a fact different from that stated in the statement of claim, state, with necessary particulars, the fact that the defendant intends to prove.

    (4)     Save with the leave of the Court, a defendant who states that a fact stated in the statement of claim is not admitted must not, except in cross-examination, adduce any evidence with respect to that fact at the hearing of the proceedings.

    (5)     The defendant must state specifically, with particulars, any fact or matter which—

        (a)     makes the claim of the plaintiff not maintainable; or

        (b)     if not stated specifically, might take the plaintiff by surprise; or

        (c)     raises questions of fact not arising out of the statement of claim.

    (6)     If the defence arises by or under any Act, the defence must identify the specific provision relied on.

    (7)     A defence must be divided into paragraphs numbered consecutively, and each fact or matter stated, so far as is practicable, must be contained in a separate paragraph.

    (8)     The defendant cannot rely on the defence of tender unless, within 7 days after giving notice of defence, the defendant pays to the registrar the amount alleged to have been tendered.