(1) The opposite party may, and, if so required by the Court, shall at or before the first hearing or within such time as the Court may permit, present a written statem~nt of his defence along with the documents on which he relies and an accurate list thereof in Form No.2.
(2) Every such written statement shall be veri~ fied 'in the same manner as a pleading in a Civil Co urt and shall be accompanied by two copies thereof.
(3) In every written statement submitted under sub-rule (1) the opposite party shall deal specif!cally with each obligation of fact alleged by the applicant, of which he admits or does not admit or denies the truth. The written statement must also contain all matters which show that the application is not main tainable and all such grounds of defence as, if not raised, would be likely to take the applicant by sur prise or would raise issues of fact not arising out of the application as for instance, fraud, undue influ ence or coercion, release, payment performance or facts showing illegality of the transaction.
'22. Failure to present written statement called for by the Court. - Where any party from whom a written statement is required fails to present the same within the time prescribed by the Court, the Court may pronounce judgement against it or make such order in relation to the proceeding as it thinks fit.
, 23. Framing of issues. - (1) At the first hearing of the application, after the summons is served the Court shall, after considering the application ~nd the written statement, if any, or after such exam.na tion of the parties or any persons or any document as may appear necessary, ascertain upon w~atmate rial proposition of fact or of law the partles are at variance, and shall thereupoo proceed to frame :lind record' the iSSllles' upon 'which the right decision appears to depend.
',' (2) In recordingtihe issues, the Court shall dis tinguish' between' those issues which in its Qpinion Wi • 8ERIE81 'No. 3L concerns ,points, of fact and those which concern, points of law.
(3) The Court may, in like manner, at. any tinle, before passing its: final order add to, strike out 'from.
or in any way amend the issues on such terms 3iS it may think fit. '