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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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