(2)
If as in sub-rule (1) of this rule, the person so pleading desires to rely in the alternative upon more
contracts or relations than one as to be implied from those circumstances, he may state them
in the alternative.
Presumption of law
26.
Neither party needs in any pleading allege any matter of fact which the law presumes in his
favour or as to which the burden of proof lies upon the other side, unless the same has first
been specifically denied (such as consideration for a bill of exchange where the plaintiff
sues only on the bill, and not for the consideration as a substantive ground of claim).
Technical objection.
27.
No technical objection shall be raised to any pleading on the ground of any alleged want of form.
Stated or settled account.
28.
In every case in which the cause of action is a stated or settled account the same shall be alleged
with particulars but in any case in which a statement of account is relied on by way of evidence or
admission of any other cause of action which is pleaded, the same need not be alleged in the
pleadings.
Defence of tender.
29.
Where in any action a defence of lender before action is pleaded, defendant shall pay into
Court in accordance with rule 1 of order 15 of these Rules the amount alleged to have been
tendered, and the tender shall not be available as a defence unless and until payment into
Court has been made.
Defence of set-off.
30.
Where a claim by a defendant to a sum of money (whether of an ascertained amount or not) is relied
on as a defence to the whole or part of a claim made by the plaintiff, it may be included in the
defence and set-off against the plaintiff's claim, whether or not it is also added as a counter
claim.
Judgment for balance.
31.
(1) Where in any action a set-off or counter-claim is established as a defence against the
plaintiff's claim, the Court may, if the balance is in favour of the defendant, give Judgment for
the defendant for the balance, or otherwise adjudge to the defendant such relief as he may be
entitled to upon the merits of the case.
(2)
Sub-rule (1) of this rule shall apply mutatis mutandis where the balance is in favour of the plaintiff.
Close of pleadings.