(11)
(12)
(ii)
(13)
(14)
(15)
Where in an action, a set off or counter-claim 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 he may be entitled to
upon the merits of the case.
Grounds of defence after action brought.
(i) Any ground of defence which arises after the action has been filed, but before the defendant
has delivered his defence, and before the time limited for doing so has expired, may be raised
by the defendant in his defence, either alone or together with other grounds of defence,
If after a defence has been delivered along with a set-off or counter-claim, any basis for answer
or ground of defence arises to any such set off or counter-claim respectively, it may be raised
by the plaintiff in his reply (in the case of a set-off) or defence to counter-claim, either along or
together with any oilier ground of reply or defence to counter-claim.
Further defence or reply
Where any ground of defence arises alter the defendant has delivered a defence, or after the time
limited for his doing so has expired the defendant may, and where any ground of defence to any
set-oil or counter-claim arises after reply, or after the time limited for delivery of 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 deliver a further defence or further reply, as the case may
be setting forth the same.
Concession to defence. Civil Form 15
Whenever any defendant in his defence or in any further defence pursuant to sub-rule 12 or 13 of
this order alleges any ground of defence which has arisen aster the commencement of
the action, the plaintiff may concede to such defence (which concession may be in Form 15
wi t h s u c h modification as circumstances may require) and m a y thereupon obtain Judgment up to
the time of the pleading of such defence, unless the Judge either before or after the delivery of such
concession otherwise orders.
Defence in originating summons.
A defendant to an originating summons shall file a counter-affidavit together with all the
exhibits he intends ID rely upon and a written address within 14 days after service of the originating
summons.
D - REPLY
Filing of reply.
36.
(2)
(1) where the Plaintiff desires to make a reply shall fi l e it within fourteen days from the service of
the defence.
Reply to counter-claim.
Where a counter-claim is pleaded, a reply thereto is called a defence to counter-claim and shall be
subject to the rules applicable to defence in these Rules.
ORDER 14
DEFAULT OF PLEADINGS