(ii)
(iii)
(iv)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
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.
In an action for goods sold and delivered, the defence must deny the order or contract, the
delivery, or the amount claimed.
In an action upon a bill of exchange, promissory note or cheque, 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.
Persons in representative capacity.
If either party wishes to deny the right of any other party to claim as 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.
Pleading to damages.
No denial or defence shall be necessary as to damages claimed or their amount; they are deemed
to be in issue in all cases, unless expressly admitted.
Set-off and counter-claim.
Where any defendant seeks to rely upon any ground as supporting a right of set-off or counter
claim, he shall in his defence state specifically that he does so by way of supporting a right of
set off or counter-claim.
Title of counter-claim. Civil Form 14.
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 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 which
he is required to deliver it to the plaintiff.
Claim against persons not parties.
Where any such person as in sub-rule 7 of this order is not a party to the action he shall be
summoned to appear by being served with a copy of the defence and counter claim, and such
service shall be regulated by the same rules as those governing the service of the originating
process, and every defence and counter-claim so served shall be endorsed in Form 14 with such
modifications or variations as circumstances may require.
Appearance by added parties.
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 an originating process to appear in an
action.
Reply to counter-claim.
Any person not already a party to the action, who is named in a defence as a party to a
counter-claim thereby made shall deliver a defence in a mode and manner prescribed under
this order and the provisions of the order shall apply to such a person.
Judgment for balance.