Order 16 — Proceedings in Lieu of Demurrer
Rule 1 Demurrer abolished.
There shall be no demurrer allowed.
Rule 2 Points of law may be raised by pleadings.
(1) A party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the Judge who tries the cause at or after the trial.
(2) A point of law so raised may, by consent of the parties, or by order of the Court or a Judge in Chambers on the application of either party, be set down for hearing and disposed of at any time before the trial.
Rule 3 Dismissal of action.
Where, in the opinion of the Court or a Judge in Chambers the decision on the point of law substantially disposes of the whole action, or of any distinct cause of action, ground of defence, set-off, counter-claim, or reply, the Court or Judge in Chambers may thereupon dismiss the action or make such other order as may be just.
Rule 4 Striking out pleading where no reasonable cause of action is disclosed.
The Court or a Judge in Chambers may order any pleading to be struck out on the grounds that it discloses no cause of action or defence being shown by the pleadings to be frivolous or vexatious, and may also order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.
Rule 5 Declaratory judgement.
An action or proceeding shall not be open to objection on the ground that a merely declaratory Judgement or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed or not.