ORDER 23 : MATTERS ARISING PENDING THE ACTION

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1. Any ground of defence which has arisen after action brought, but before the defendant has delivered his defence, and before the time limited for his doing so has expired, may be raised by the defendant in his defence, either alone or together with other grounds of defence. And if, after a defence has been delivered, any ground of defence arises to any counter-claim put in by the defendant, it may be raised by the plaintiff in his defence to the counter-claim, either alone or together with any other ground of defence.

2. Where any ground of defence arises after the defendant has delivered his defence, or after the time limited for his doing so has expired, the defendant may, and where any ground of defence to any counter-claim arises after defence to the counter-claim, or after the time limited for delivering such defence has expired, the plaintiff may, within fifteen days after such ground of defence has arisen or at any subsequent time by leave of the Court or a Judge, deliver a further defence as the case may be, setting forth the same.

3. Whenever any defendant in his defence, or in any further defence as in the immediately preceding Rule mentioned, alleges any ground of defence which has arisen after the commencement of the action, the plaintiff may deliver a confession of such defence in Form 17, and may thereupon have judgment for his costs up to the time of the making or pleading of such defence, unless the Court or a Judge shall otherwise order.