The like, where there are two Defendants, and one of them defends separately from the other (b).

18-. B. No.

-.

In the High Court of Justice,

Queen's Bench Division.

Between A. B., Plaintiff, and

C. D. and E. F., Defendants.

Defence of the above-named defendant E. F.

The defendant, E. F., says that:

1. &c. [See the preceding form.]

Form of Defence, where different Grounds of Defence are pleaded to different Parts of the Plaintiff's Claim (c).

and

para

1. As to the paragraph [or, the graphs] of the statement of claim, or, As to the plaintiff's claim for, &c., or, in respect of, &c., or, As to the alleged breach of the covenant to repair [here state the ground of defence relied upon in this paragraph, limiting it to that part of the plaintiff's claim to which the particular defence is intended to be pleaded].

2, 3, &c. As to, &c. [If there are other distinct grounds of

(b) Where there are two or more defendants they may, at their discretion, either plead jointly, or sever in their defences and deliver separato statements of defence. Where they thus sever, each of the separate statements of defence should be described in the heading as that of the person or persons pleading it, as in the above form.

(c) Where a ground of defence, other than a mere denial traversing in terms an allegation in the claim, is intended to be pleaded to a part only of the claim, this should, in general, be shown by prefixing a statement to that effect, such as "As to the paragraph of the statement of claim," or some similar statement, as in the above forms.

By O. XXVII. r. 9, "If the plaintiff's claim be for a debt or liquidated demand, the detention of goods and pecuniary damages, or for any of such matters, or for the recovery of land, and the defendant delivers a defence, which purports to offer an answer to part only of the plaintiff's alleged cause of action, the plaintiff may by leave of the Court or a judge enter judgment, final, or interlocutory, as the case may be, for the part unanswered; provided that the unanswered part consists of a separate cause of action, or is severable from the rest, as in the case of part of a debt or liquidated demand: provided also that, where there is a counterclaim, execution on any such judgment as above mentioned in respect of the plaintiff's claim shall not issue without leave of the Court or a judge."

defence applicable to other parts of the claim, they should be stated in like manner in consecutive paragraphs, and each of such paragraphs should be limited at its commencement to that part of the statement of claim to which it is intended to be pleaded].

A like Form of Defence, where different Grounds of Defence are pleaded as to different Parts of a Claim in respect of a Simple Contract Debt other than a Bill, Note, or Cheque (c).

(See R. S. C. 1883, App. D., Sect. IV., and App. E., Sect. II.) The defendant

that: says

1. Except as to £, part of the money claimed [here state the ground of defence relied upon as to the part pleaded to].

2. As to the said £- [here state some ground of defence as to the excepted part of the claim, or payment into Court in satisfaction of it].

A like Form.

(See R. S. C. 1883, App. D., Sect. IV.)

1. As to £, parcel of the money claimed [here_state a distinct ground of defence to the part of the claim pleaded to]. 2. As to the said £ [state any other distinct ground of

defence as to the part pleaded to].

3. As to the residue of the claim [or, of the money claimed] [here state some ground of defence as to the residue, or pay money into Court in satisfaction of it].

For Forms of Defence where there is a Counterclaim, see post, pp. 578, 579.

Form of a Paragraph stating a Distinct Ground of Defence and repeating Allegations contained in a preceding Paragraph.

The defendant repeats the statements made in the above paragraph [except so much thereof as alleges, or, relates to, &c.,

(c) See last note.

excepting anything not intended to be repeated], and further says that [here state the additional matter constituting, together with the repeated allegation, the separate ground of defence relied upon in this paragraph].

For a Form of Defence by an Infant who defends by Guardian, see 'Infancy," post, p. 735.

66

[If the amendment is made under an order for amendment, add,

Amended the

day of

18-, pursuant to order of dated the

or, the Hon. Mr. Justice

Master

of

Defences arising after Action and before Delivery of a Statement

of Defence (e).

After the commencement of this action, viz., on the

of

18-[here state the matter of defence relied upon].

For a Defence of Payment after Action of a Simple Contract Debt, see R. S. C. 1883, App. D., Sect. IV., cited "Payment," post, p. 796.

(d) See "Amendment of Pleadings," ante, p. 14.
See "Defences arising after Action," ante, p. 554.

Defence of Matter arising after Action and after Delivery of a Statement of Defence (e).

Further Defence.

The defendant by way of further defence says that:

1. After the delivery of the statement of defence herein, viz., on the —, 18— [here state the matter of defence relied

upon].

of

For Forms of Defence stating an Objection in Point of Law, see Proceedings in Lieu of Demurrer," post, p. 602.

66

Form of Particulars of Defence, delivered in pursuance of an Order under O. XIX. r. 7: see " Particulars," ante, p. 37.

The following are the particulars of [state the matter of which the defendant has been ordered to give particulars] delivered pursuant to the order of -, dated the of —, 18—, [state the particulars in accordance with the order, and, if necessary, in numbered paragraphs].

G. H., Defendant's Solicitor [or Agent]. To Mr. E. F., the Plaintiff's Solicitor [or Agent].

(e) See "Defences arising after Action," ante, p. 554.

III. GENERAL FORMS OF REPLY, &c. (a).

(a) Replies and subsequent pleadings.]-It is provided (inter alia) by O. XIX. r. 2, that "the plaintiff shall, subject to the provisions of O. XXIII., and at such time and in such manner as therein prescribed, deliver his reply (if any) to the defendant's defence, set-off, or counterclaim."

66

As to the title, date, description, and signature, &c., of replies and subsequent pleadings, see "Date, title, &c.," ante, p. 6; 'Signature of Pleadings," ante, p. 14, and the forms in the text; and see" Replies to Counterclaims," post, p. 581; Amendment of Pleadings," ante, p. 14.

66

The reply, in its ordinary sense, is the plaintiff's answer to the matters pleaded by way of defence to his claim, but the word "reply" is also used to denote the plaintiff's defence to a counterclaim set up by the defendant. The rules applicable to replies to counterclaims are in many respects materially different from those which govern ordinary replies to matters alleged by way of defence. (See post, p. 581, where see the rules applicable to replies to counterclaims.)

The following observations refer to replies to defences as distinguished from counterclaims, and to pleadings subsequent to reply. The plaintiff, by his reply to a defence properly so-called, "may join issue upon the defence, and each party in his pleading (if any) subsequent to reply, may join issue upon the previous pleading. Such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit, and shall then operate as a denial of the facts not so admitted." (0. XIX. r. 18.)

If no counterclaim is pleaded by the defendant, and the plaintiff merely wishes to deny all the material facts which are alleged by way of defence to the claim, without stating any further facts or raising any objection in point of law, he need not deliver any reply, but may leave a joinder of issue to be implied under O. XXVII. r. 13, cited post, p. 563. But the plaintiff must deliver a reply, where the statement of defence contains a counterclaim which he desires to contest. (See "Replies to Counterclaims," post, p. 582.) So he must deliver a reply, if he wishes either to admit any of the material facts alleged in the defence, or to state further facts in answer to those alleged by the defence, or to explain the scope of his claim by a special reply under O. XXIII. r. 6 (cited post, p. 565), or to plead an objection to the defence in point of law (see "Proceedings in Lieu of Demurrer," post, p. 598).

Wherever a reply is pleaded by the plaintiff, he will be deemed to admit all such material facts alleged by way of defence to the claim as are not denied either by a joinder of issue or by specific denials in the reply. (See O. XIX. rr. 13, 18, cited ante, p. 547, and supra.)

If the defence consists simply of denials of allegations material to the plaintiff's case, the plaintiff must in general join issue upon it either by delivering a reply expressly joining issue or by leaving a joinder of issue to be implied, as above mentioned, from the fact of his not delivering a reply.

If the defence alleges fresh facts by way of confession and avoidance of the plaintiff's allegations, either alone or together with denials of those allegations, the plaintiff in his reply may join issue upon the whole