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Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Regulations

Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa

21. Replication and plea in reconvention

 

(1) Within 15 days after the service upon plaintiff of a plea and subject to subrule (2), the plaintiff shall where necessary deliver a replication to the plea and a plea to any claim in reconvention, which plea shall comply with rule 17.

 

(2) No replication or subsequent pleading which would be a mere joinder of issue or bare denial of allegations in the previous pleading shall be necessary, and issue shall be deemed to be joined and pleadings closed in terms of rule 21A(b).

 

(3)        

(a) Where a replication or subsequent pleading is necessary, a party may therein join issue on the allegations in the previous pleading.
(b) To such extent as a party has not dealt specifically with the allegations in the plea or such other pleading, such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined.

 

(4) A plaintiff in reconvention may, subject to the provisions mutatis mutandis of subrule (2), within 10 days after the delivery of the plea in reconvention deliver a replication in reconvention.

 

(5)        Further pleadings—

(a) may, subject to the provisions mutatis mutandis of subrule (2), be delivered by the respective parties within 10 days after the previous pleading delivered by the opposite party; and
(b) shall be designated by the names by which they are customarily known.