- Flynote
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Practice - Pleading - Striking out - Rule 35 - Relevant Matter bad in law
- Case summary
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An application can rightly be made to strike out certain pleadings, under Rule 35 without pleading over
(Davis vs Rood, 1905, T.S. 196, distinguished.)Where a plea is relevant it cannot be struck out under Rule 35, although it may be bad in law
(Taylor Corzell Syndicate vs Madagascar Oil, etc., Co., 1910, T.S. 265, discussed; Naylor vs Central News Agency, 1910, W.L. 90; Li Kui Yu and Jameson, 1906, T.S. 469, distinguished.)
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