WEERASURIYA
VS
PERERA

COURT OF APPEAL
BASNAYAKE, J.
CHITRASIRI, J.
CA LA 384/2005 (LG),
DC KANDY 62/2004 MS
JUNE 22, 2009.

Civil Procedure Code Chapter LIII - Summary Procedure on liquid claims -Section 703, 704, 706 - Sustainable Defense - Prima facie case - Standard of proof?

The Plaintiff filed action in terms of chapter LIII of the Code - The Defendant sought to file answer without a condition being imposed The Trial Judge refused the said application and directed the Defendant to deposit Rs. 800,000/- as security. The Defendant sought leave to appeal - with leave being granted.

Held:

(1) If the defense taken up by the Defendant is prima facie sustainable then the Court should allow the Defendant to participate in the proceedings unconditionally or if the defense is not prima facie sustainable if the Court feels that there exists a reasonable doubt as to the good faith of such a defence - Court should order him/her to pay into Court the sum mentioned in the summons as security and allow the Defendant to participate.

Per Chitrasiri, J.

"The Learned District Judge should not have expected the Defendant to establish a defence which is c