Order 7, rule 16 of Civil Procedure Rules : New ground of defence
(1) Any ground of defence which has arisen after action brought, but before the defendant has delivered his defence and before the time limited for his doing so has expired, may be raised by the defendant in his defence, either alone or together with other grounds of defence; and if, after a defence has been delivered, any ground of defence arises to any set-off or counterclaim alleged therein by the defendant, it may be raised by the plaintiff in his reply, either alone or together with any other ground of reply.
(2) Where any ground of defence arises after 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-off or counterclaim arises after the time limited for delivering a reply has expired, the plaintiff may, within fourteen days after such ground of defence has arisen or at any subsequent time, by leave of the court, deliver a further reply, as the case may be, setting forth the same.
(3) Whenever any defendant in his defence, or in any further defence as mentioned in subrule (2), alleges any ground of defence which has arisen after the commencement of the suit, the plaintiff may deliver a confession of such defence, and may make application by summons for his costs up to the time of pleading of such defence.
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- Order 7, rule 17 - Subsequent pleadings
(1) A plaintiff shall be entitled to file a reply within fourteen days after the defence or the last of the defences has been served on to him, unless the time is extended.
(2) No pleading...
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(1) A register of documents shall be kept at every registry in which the following particulars in respect of each such document shall be entered, namely—
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(b) the...
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Documents under this order shall be served in the manner prescribed under Order 5 of these Rules.
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(1) A party may, without the leave of the court, amend any of his pleadings once at any time before the pleadings are closed.
(2) Where an amended plaint is served on a defendant—
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Rule 3 shall have effect in relation to an originating summons, a petition and an originating notice of motion as it has effect in relation to a plaint.
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The court may hear and determine an oral application made under this Order.
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- Order 9, rule 2 - Recognized agents
The recognized agents of parties by whom such appearances, applications and acts may be made or done are—
(a) subject to approval by the court in any particular suit persons holding
powers of...
- Order 9, rule 3 - Service of process on recognized agent
(1) Processes served on the recognized agent of a party shall be as effectual as if the same had been served on the party in person, unless the court otherwise directs.
(2) The provisions for the...
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(1) Besides the recognized agents described in rule 2, any person residing within the jurisdiction of the court may be appointed an agent to accept service of process.
(2) Such appointment may be...
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- Order 9, rule 6 - Service of notice of change of advocate
The party giving the notice shall serve on every other party to the cause or matter (not being a party in default as to entry of appearance) and on the former advocate a copy of the notice endorsed...
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(1) Where no appearance has been entered for a defendant who is an infant or person of unsound mind, before proceeding further the plaintiff shall apply to the court for an order that some proper...
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Where any defendant fails to appear and the plaintiff wishes to proceed against such defendant he shall file an affidavit of service of the summons unless the summons has been served by a...
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Where a defendant fails to serve either the memorandum of appearance or defence within the prescribed time, the court may on its own motion or on application by the plaintiff, strike out the...
- Order 10, rule 4 - Judgment upon a liquidated demand
(1) Where the plaint makes a liquidated demand only and the defendant fails to appear on or before the day fixed in the summons or all the defendants fail so to appear, the court shall, on request in...
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- Order 10, rule 7 - Interlocutory judgment where several defendants
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Where judgment has been entered under this Order the court may set aside or vary such judgment and any consequential decree or order upon such terms as are just.
- Order 11, rule 1 - Application
This Order shall apply to all suits except small claims or such other suits as the court may by order exempt from this requirement.
- Order 11, rule 2 - Pre-trial questionnaire
After the close of the pleading's parties shall within ten days complete, file and serve the pre-trial questionnaire as provided in Appendix B.
- Order 11, rule 3 - Case Conference
(1) With a view to furthering expeditious disposal of cases and case management the court shall within thirty days after the close of pleadings convene a Case Conference in which it shall—...
- Order 11, rule 4 - Case conference Order
Upon conclusion of the case conference the court shall issue a Case Conference Order in terms of Appendix C.
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(1) With a view to providing an opportunity for settlement in every suit to which this Order applies the court shall within sixty days of the case conference in the case of a fast track case, and...
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Each party shall at least ten days before the trial conference, complete, file and exchange trial conference questionnaire form in Appendix D.
- Order 11, rule 7 - Trial Conference
(1) At least thirty days before the hearing date of the suit a Trial Conference shall be convened by the court for the following purposes—
(a) planning of trial time;
(b) exploring the most...
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If on the day fixed for hearing, after the suit has been called on for hearing outside the court, neither party attends, the court may dismiss the suit.
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