LETCHIMEN v. THERAWAPPA

LETCHIMEN v. THERAWAPPA.

D. C., Kandy, 9,331.

Action by summary procedure on promissory note-Leave to defend- Defence without security or payment of claim into Court-Civil Procedure Code, chapter LIII., and ss. 704 and 706.

Where in an action by summary procedure on a promissory note under chapter LIII. of the Civil Procedure Code the defendant

pleaded payment partly in cash and partly in notes since retired-- Held, that the defence in itself could not be regarded as one marked by bad faith or not primâ facie sustainable, and the case was not, therefore, one in which the defendant should under section 704 be required, as a condition of his being allowed to appear and defend to pay into Court, the sum mentioned in the summons or to give security there for.

THE facts of the case sufficiently appear in the judgment.

Dornhorst, for appellant.

Cur. adv. vult.

26th August, 1895. Withers, J-

This is an action by an indorsee of a promissory note overdue to recover from the makers a sum of Rs. 2,518.18, and it is brought tinder chapter LIII. of the Civil-Procedure Code.

The defendants applied on affidavits for leave to defend, and the Di

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