Order 3
Particulars of Claim
1. The Court may, on the application of the defendant, or on its own motion, order further or better particulars to
be supplied by the plaintiff.
2. Subject to any amendment granted by the Court, the plaintiff shall not, at the hearing, obtain a judgment for
any sum exceeding that stated in the particulars, except for subsequent interests and the costs of suit,
notwithstanding that the sum claimed in the writ for debt or damages exceeds the sum stated in the particulars.
3. (1) Where a party seeks, (in addition to or without any order for the payment of money) to obtain as against
any person, any general or special declaration of his rights under contract or instrument; or to set aside any
contract, or to have any bond, bill note, or instrument in writing delivered up to be canceled or to restrain any
defendant by injunction; or to have an account taken between himself and any other party, and in such other
cases as the nature of the circumstances makes it necessary or expedient, the plaintiff or defendant may, in the
writ of summons or in any pleading, refer to and briefly describe any documents on the contents of which he
intends to rely, and annex copies of such documents to the writ or pleading, or may state any reason for not
annexing
copies
which
he
may
have
to
allege.
(2) The party shall allow the opposite party to inspect any such documents as are in his possession or power.
4. (1) Particulars of claim shall not be amended except by leave of the Court, and the Court may, on any
application for leave to amend, grant the application if it appears that the defendant shall not be prejudiced by the
amendment; otherwise, the Court may refuse leave to grant the application.
(2) Leave to amend shall be granted, where appropriate, on such terms as to notice, postponement of trial or
costs, as justice may require.
5. Any variance between the items contained in the particulars, and the items proved at the hearing, may be
amended at the hearing, either at once or on such terms as to notice, adjournment, or costs, as justice may
require.
Order 4
Causes of Action
1. (1) Subject to rule 3 of this Order, a plaintiff may in one action claim relief against the same defendant in
respect of two or more causes of action (a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity, in respect of all the
causes of action; or
(b) if the plaintiff claims, or the defendant is alleged to be liable, in the capacity of executor or administrator of
an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the
same estate in respect of the other or others; or
(c) with leave of court.
(2) An application for leave under this rule shall be made ex-parte by motion before the writ or originating
summons, as the case may be, is issued and the affidavit in support of the motion shall state the grounds of the
application.
2. (1) Subject to paragraph (2) of this rule, a defendant in any action who alleges that he has any claim or is
entitled to any relief or remedy against the plaintiff in the action in respect of any matter (whenever and however
arising) may, instead of bringing a separate action, make a counter-claim in respect of that matter; and where he
does so he shall add the counter-claim to his defence.
(2) Paragraph (1) of this rule shall apply in relation to a counter-claim as if the counter-claim were a separate
action and as if the person making the counter-claim were a plaintiff and the person against whom it is made, a
defendant.