Holden v Knight - [1956] NZLR 253

Practice — Striking out Pleadings and Proceedings — Action by Executors claiming Amount due to Testatrix — Denial of Allegation of Appointment of Executors, the Truth of which Defendant could have checked — Denial of Allegation as to Non-payment of Amount due — Such Denial Evasive and so Vexatious — Other Allegations by Plaintiffs admitted — Offending Paragraphs in Statement of Defence struck out — No Amendment asked for — Judgment for Plaintiffs — Code of Civil Procedure, R 126.