The Principles of Pleading And Practice in Civil Actions in the High Court of Ju
The Principles of Pleading And Practice in Civil Actions in the High Court of Ju
William Blake Odgers
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Boulder, 19 Times L. E. 635 ; 9 Com. Cas. 75. Particulars will not be ordered of any immaterial allegation. Cave V. Torre, 32 W. E. 324 ; 54 L. T. 515. Gibbons v. Norman, 2 TimesL. E. 676. AMENDING YOUR OWN PLEADING. 183 The party who has obtained au order for particulars shall, unless the order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the return of the summons. (Order XIX. R. 8. ) But an order for particulars does not ot...herwise operate as a stay of proceedings, or give any extension of time; and rule 8 does not apply when a " peremptory " order has been made for the delivery of the pleading within a specified time. {Falck v. Axthchn, 24 Q. B. D. 174 ; 59 L. J. Q. B. 161. ) Where it is the plaintiff who is ordered to give par- ticulars, it may be made a term of the order that the action shall be dismissed, unless the particulars be delivered within the time named in the order. {Dave// v. Bentinck, (1893) 1 Q. B.
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