Article 29 Devolution: admissions direct and disposals

For Order 9, rule 2, there shall be substituted the following newrule—

“Admission, defence or counterclaim to be delivered

2

(1)

This rule applies where a defendant in any action—

(a)

admits his liability for the whole or part of the plaintiff 'sclaim;

(b)

desires time for payment of any sum admitted by him;

(c)

disputes his liability for the whole or part of the plaintiff 'sclaim, or

(d)

desires to set up a counterclaim.

(2)

In this rule and rules 3 and 6—

• “a request for time for payment” means a request containing aproposal as to the date of payment or, if it is proposed to pay byinstalments, the frequency and amount of the instalments;

• “admission”and“a statement of means” means the relevant formappended to the summons completed according to the circumstances of thecase;

• “defence” includes a counterclaim and means the relevant formappended to the summons completed according to the circumstances of thecase or a defence otherwise than on that form;

• “proper officer” does not include the district judge;

and paragraph (1A) of Order 6, rule 1 shall apply, with the necessary modifications, to a defendant making a counterclaim as itapplies to a plaintiff.

(3)

Except where paragraph (5)(a) applies, a defendant in an action fora liquidated sum who—

(a)

admits his liability for the whole of the plaintiff ’s claim, and

(b)

desires time for payment of the sum admitted by him,

shall, within 14 days after the service of the summons on him,deliver to the plaintiff a form of admission together with a statementof his means and a request for time for payment.

(4)

The court may at any time allow a defendant to amend or withdraw anadmission made by him under this rule on such terms as may be just.

(5)

A defendant who admits liability—

(a)

in an action brought by a plaintiff under disability,

(b)

in an action for an unliquidated sum, or

(c)

in an action for a liquidated sum, for part of the plaintiff 'sclaim

shall, within 14 days after the service of the summons onhim,—

(i)

deliver at the court office an admission of liability together with,if he so wishes, a request for time for payment and, where such arequest is made, a statement of means, and

(ii)

if he wishes to defend part of the plaintiff ’s claim or tomake a counterclaim, comply with the requirements of paragraph (6).

(6)

A defendant who either—

(a)

disputes his liability for the whole or part of the plaintiff 'sclaim; or

(b)

desires to set up a counterclaim,

shall, within 14 days after the service of the summons on him, andin addition to any documents he may provide pursuant to paragraph (5),deliver at the court office a defence—

(i)

defending the whole or part of the claim, or, as the case may be,

(ii)

making a counterclaim.”.