General Defences

General defences

Denial

·          The defendant denies that (set out facts).

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

·          The defendant admits that but says that

Protest.

·          The defendant denies that he is a partner in the defendant firm of

·          The 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 Limitation

The 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 1877.).

Jurisdiction

The 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.

Insolvency

The 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.

Minority

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

Payment into Court

The 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 remitted

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

Rescission

The contract was rescinded by agreement between the plaintiff and defendant.

Res judicature

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

Estoppel

The 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 suit

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