WALTER NUTTER & Co. v. MOHAMMADU LEBBE.

WALTER NUTTER & Co. v. MOHAMMADU LEBBE.

D. C., Colombo, 13,813.

Default of filing answer - Purging of default and tender, of answer - Placing of defendant on terms.

The illness of the defendant is no excuse for his proctor not preparing or filing an answer in time. To justify the acceptance of an answer after its due date, it should be proved that the defendant was so ill that he could not attend to business or see his proctor.

Where the explanation of the delay is unsatisfactory, it is competent for the Court to place the defendant on terms, and in failure thereof to hear and dispose of the case ex parts.

THIS action was instituted for the recovery of Rs. 2,416 said to be due by the defendant to the plaintiff on shipments of certain goods which the defendant had undertaken to consign to the plaintiff in consideration of moneys advanced to the defendant on the footing of an agreement set forth in the plaint.

The summons were made returnable on the 31st July, 1900, on which day time was allowed to defendant to file answer on the 13th August. On the 13th August the time was extended to the 16th. On the 16th the court ord

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