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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

 

ORDER 16

DISMISSAL OF SUIT ON GROUNDS OF LAW

 Legal defence by motion

1. The defendant may apply to the Court by motion to dismiss the suit without requiring the defendant to answer questions of fact, where the defendant has a good legal or equitable defence to the suit, so that even if the allegations of the plaintiff were admitted or established, the plaintiff would not be entitled to any decree against the defendant.


Facts taken as admitted

2. For the purposes of the application under rule 1 the defendant shall be taken as having admitted the truth of the plaintiff's allegations of fact, and evidence in respect of matters of fact, and discussion of a question of fact, shall not be allowed.

Order on the motion

3. The Court, on hearing the application referred to in rule 2, shall (a) either dismiss the suit or order the defendant to answer the plaintiff's allegations of fact, and

(b) make an order as to costs as it considers just.

 

 

 

 

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