Θεσμοί Πολιτικής Δικονόμίας - ORDER 21: DEFENCE, COUNTER-CLAIM, DEFENCE TO COUNTER-CLAIM AND REPLY

1. (1) Where a defendant has entered an appearance, he shall file and deliver his defence within fourteen days from the time limited for appearance or from the delivery of the statement of claim, whichever shall be the later, unless such time is extended by the Court or a Judge, or, in actions in which the writ of summons has been specially indorsed with a statement of claim under Order 2, Rule 6, the plaintiff in the meantime serves a summons for judgment under Order 18.

(2) Where leave has been given to a defendant to defend under Order 18, he shall file and deliver his defence (if any) within 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.

3. 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.

4. In actions comprised in Order 2, Rule 6, class (1) (a), 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; and in an action on a bond in customary form the defence must set up some one or more of the grounds which may, under Part X of the Contract Law, Cap. 192, be set up as a defence.

5. 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.

6. If either party wishes to deny the right of any other party to claim as executor, or as trustee whether in bankruptcy or otherwise, or in any representative or other alleged capacity, or the alleged constitution of any partnership firm, he shall deny the same specifically.

7. Where the Court or a Judge shall be of opinion that any allegations of fact denied or not admitted by the defence ought to have been admitted, the Court or Judge may make such order as shall be just with respect to any extra costs occasioned by their having been denied or not admitted.

7A. Where any defendant seeks to rely upon any grounds as supporting a right of counter-claim, he shall, in his defence, state specifically that he does so by way of counter-claim.

8. (1) Where a defendant by his defence sets up any counter-claim which raises questions between himself and the 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 counter-claim were to be enforced by cross-action, would be defendants to such cross-action, and shall deliver his defence to such of them as are parties to the action within the period within which he is required to deliver it to the plaintiff.

(2) Where any such person as in the last preceding paragraph mentioned is not a party to the action, he shall be summoned to appear by being served with a copy of the defence, and such service shall be regulated by the same Rules as are hereinbefore contained with respect to the service of a writ of summons, and every defence so served shall be endorsed in Form 13, or to the like effect.

9. (1) Any person not already a party to the action, who is served with a defence and counter-claim as aforesaid, must appear thereto as if he had been served with a writ of summons to appear in an action.

(2) Any person named in a defence as a party to a counterclaim thereby made may file and deliver a defence to the counterclaim within the time within which he might file and deliver a defence if it were a statement of claim.

10. Where a defendant sets up a counter-claim, if the plaintiff, or any other person made a party to it, contends that the claim thereby raised ought not to be disposed of by way of counter-claim, but in an independent action, the Court or a Judge may at any time order that such counter-claim he excluded.

11. If in any case in which the defendant sets up a counterclaim the action of the plaintiff is stayed, discontinued, or dismissed, the counter-claim may nevertheless be proceeded with.

12. If the claim or counter-claim is admitted, the Judge may give judgment for the plaintiff on the claim, or for the defendant on the counter-claim, or for the party in whose favour the balance happens to be, or adjudge to either party such relief as he may be entitled to, or make such other order as may seem just. These provisions shall also apply to the decision of the Court upon the merits of the case where the action is tried out.

(2) No subsequent pleading shall be delivered, unless ordered by the Court or a Judge. Where a subsequent pleading is ordered it shall be filed and delivered together with an office copy of the order within the time specified in the order giving leave to deliver the same.