General Defences - Legal Draft

General

defencesDenialThe

defendant denies that (set out facts).The

defendant does not admit that (set out facts).The

defendant admits that but says thatProtest.The

defendant denies that he is a partner in the defendant firm ofThe

defendant denies that he made the contract alleged or any contract with the

plaintiff.The

defendant denies that he contracted with the plaintiff as alleged or at all.The

defendant admits assets but not the plaintiff's claim.The

defendant denies the plaintiff sold to him the goods mentioned in the plaint or

any of them.Of

LimitationThe

suit is barred by article or article or the second schedule to the {See now the

Indian Limitation Act, 1908 (9 of 1908).}Indian Limitation Act, 1877 (15 of

1. ).JurisdictionThe

Court has no jurisdiction to hear the suit on the ground that (set forth the

grounds).On

the day of a diamond ring was delivered by the defendant to and accepted by the

plaintiff inn discharge of the allege cause of action.InsolvencyThe

defendant has been adjudged an insolvent.The

plaintiff before the institution of the suit was adjudged an insolvent and the

right to sue vested in the receiver.MinorityThe

defendant was a minor at the time of making the alleged contract.Payment

into CourtThe

defendant as to the whole claim (or as to Rs., part of the money claimed, or as

the case may be) has paid into Court Rs. and says that this sum is enough to

satisfy the plaintiff's claim (or the part aforesaid).Performance

remittedThe

performance of the promise alleged was remitted on the (date).RescissionThe

contract was rescinded by agreement between the plaintiff and defendant.Res

judicatureThe

plaintiff's claim is barred by the decree in suit (give the reference).EstoppelThe

plaintiff is estopped from denying the truth of (inter statement as to which

estoppel is claimed) because (here state the facts relied on as creating the

estoppel.)Ground

of defence subsequent to institution of suitSince

the institution of the suit, that is to say, on the say of (set out facts).