1. PARTICULAR TO BE GIVEN WHERE NECESSARY:
In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, willful default, or undue influence, and in all other cases in which particulars may be necessary (with dates and items if necessary shall be stated in the pleadings.
Pleadings
should not only be concise but they should also be precise when more than one
of the items mentioned in this rule relies upon each must be pleaded
separately. The object of particulars is to prevent surprise at the trial by
informing the opposite party what he has to meet to define and narrow the
issues to be tried and so save unnecessary expenses. As such certainty and
particularity must be insisted on as is reasonable, having regard to the
circumstances and the nature of the acts themselves. Forgery is a plea that,
like fraud and misrepresentation, cannot be taken into account unless its
particulars are set out. This is necessary so that precise information may be
supplied to the person against whom the charge is leveled to enable him to
understand with reasonable accuracy those facts which are intended to be proved
against him.
2. FURTHER AND BETTER STATEMENT OR PARTICULARS:
A further
and better statement of the nature of the claim or defense, or further and
better particulars of any of matter stated in any pleading may in all cases be
ordered by the Court, upon such terms, as to costs and otherwise, as may be
just.
If a party
does not state in his pleading all the particulars required by rule 4, the other party may apply for further and better particulars. The defendant who
claims particulars should apply for them with reasonable promptitude.
Particulars will only be ordered of material facts alleged by a party in his
pleading but not of those denied by him but where the defendant pleads
affirmatively or sets up facts to be proved in answer to the plaintiff’s case,
he may be, and in general, is, as much under obligation to give particulars as
if he were alleging such or similar matters in a plaint.
3. CONDITION PRECEDENT
Any
condition precedent, the performance or occurrence of which is intended to be
contested, shall be distinctly specified in his pleading by the plaintiff or
defendant, as the case may be; and subject thereto, an averment of the
performance or occurrence of all conditions precedent necessary for the case of
the plaintiff or defendant shall be implied in his pleading.
The
requirement of the rule is that where a party intends to contest the
performance of any condition precedent he must distinctly specify the condition
precedent in his pleading. An allegation in general terms that there was an
express condition, the names of the parties to it, and whether it was in
writing or verbal.
Thus wherein
an agreement to build a house is a condition precedent that payment to the
contractor shall be made only upon a certificate signed by the principal’s
architect as to the amount due, the architect’s certificate is a condition
precedent to the contractor’s right of action under this rule. It is not necessary
for the contractor to expressly avers in his plaint that he has obtained the
architect’s certificate. Such an averment shall be implied in his pleading. The rule further says that if the principal intends to contest the fulfillment of
the condition precedent he must distinctly specify the condition precedent in
his written statement.