Order 19 — Defence, Counterclaim and Reply

The statement of defence shall be a statement in summary form, and shall be supported by:

(a) List of witnesses to be called at the trial.

(b) Depositions of the witnesses; and

(c) Copies of every document to be relied upon at the trial.

A Defendant shall, within 21 days of service of the originating process and the accompanying documents on the Defendant, file a statement of defence, along with the document prescribed in Rule 1 of this Order.

(1) Where a party in any pleading denies an allegation of fact in the pleading of the opposite party, the denial shall not be done evasively, but the party shall answer the point of substance.

(2) Where an allegation is made with diverse circumstances, it shall not be sufficient to deny the allegation along with those circumstances, but a full and substantial answer shall be given.

(1) In an action for debt or liquidated demand in money, a mere denial of the debt shall not be sufficient defence.

(2) In an action for money had and received, a defence in denial 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.

(3) In an action for goods sold and delivered, the defence must deny the order or contract, the delivery, or the amount claimed.

(4) In an action upon a bill of exchange, promissory note or cheques, a defence in denial must deny some matter of fact, e.g. the drawing, making, indorsing, accepting, presenting or notice of dishonour of the bill or note.

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

No denial or defence shall be necessary as to damages claimed or their amount as they are deemed to be in issue in all cases, unless expressly admitted.

Where any Defendant seeks to rely upon any ground as supporting a right of set-off or counter claim, the Defendant shall, in the defence, state specifically that the ground is relied upon by way of set off or counterclaim as the case may be, and the particulars of the set off or counterclaim shall be given.

Where a Defendant by a defence sets up any counterclaim which raises questions between the Defendant and the Plaintiff along with any other person(s), the Defendant shall add to the title of the defence a further title similar to the title in a statement of claim, setting forth the names of all persons who, if such counterclaim(s) were to be enforced, would be parties to the counterclaim.

Where any such person as in Rule 8 of this Order is not a party to the action, the person shall be summoned to appear by being served with a copy of the defence and counterclaim, and such service shall be regulated by the same rules as those governing the service of the originating process and every defence and counterclaim so served shall be indorsed in Form 12 with such modifications or variations as circumstances may require.

Any person not already a party to the action, who is served with a defence and counterclaim as provided in Rule 8 of this Order, shall enter appearance as if the person had been served with an originating process to appear in an action.

Any person not already a party to the action, who is named in a defence as a party to a counterclaim thereby made, shall file a defence in a mode and manner prescribed under this Order and the provisions of this Order shall apply to such a person.

If, in any case in which the Defendant sets up a counterclaim, the action of the Plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.

Where in an action a set off or counterclaim is established as a defence against the Plaintiff’s claim, the Judge may, if the balance is in favour of the Defendant, give judgment for the Defendant for such balance, or may otherwise adjudge to the Defendant such relief as the Defendant may be entitled to upon the merits of the case.

(1) Any ground of defence, which arises after the action has been filed but before the Defendant has filed a defence, and before the time limited for doing so has expired, may be raised by the Defendant in the defence, either alone or together with other grounds of defence.

(2) If after a defence has been filed along with a set-off or counterclaim, any basis for answer or ground of defence arises to any such set-off or counterclaim respectively, it may be raised by the Plaintiff in the reply (in the case of a set-off) or defence to counterclaim, either alone or together with any other ground of reply or defence to counterclaim.

(1) Where any ground of defence arises after the Defendant has filed a defence, or after the time limited for filing a defence has expired, the Defendant may, within 8 days after such ground of defence has arisen or at any subsequent time by leave of a Judge, file a further defence setting forth that ground of defence.

(2) Where any ground of defence to any set-off or counterclaim arises after reply or after the time limited for filing a reply has expired, the Plaintiff may, within 8 days after such ground of defence has arisen or at any subsequent time by leave of a Judge, file a further defence setting forth that ground of defence.

Whenever in a defence or in any further defence pursuant to Rules 14 and 15 of this Order, the Defendant alleges any ground of defence which has arisen after the commencement of the action, the Plaintiff may concede to such defence (which concession may be in Form 12A with such modifications as circumstances may require) and may thereupon obtain judgment up to the time of the defence.

Where the Plaintiff desires to make a reply, the Plaintiff shall file it within 14 days from the service of the defence.