Jan.31,1911   Present: Hutchinson C.J. and Van Langenberg A.J.

RENGASAMY v. PAKEER.

181-D. C. Kandy, 20,752.

Action of summary procedure on liquid claims-Unconditioned leave to defend-" Reasonable doubt "-Civil Procedure Code, ss. 703 and 704-Expediting trial.

Where the defendant, in an action by summary procedure on a liquid claim, has sworn to things which, if proved, will be a good defence, he should be allowed to defend unconditionally, unless there is something on the face of the proceedings which leads the Court to doubt the bona fides of the defence. The Court may impose terms as to framinga and recording issues, expediting the trial, or other wise, but it should not require payment into Court of, or security for, the amount claimed.

" Reasonable doubt " in section 704, Civil Procedure Code, doe-not mean doubt for which reason could be given; although a Judge, should always be able to give a reason for his belief.

THE plaintiff, who was endorsee of a promissory note, sued the defendant on it by way of summary procedure. The defendant filed an affidavit denying his making of the note, and applied for unconditional leave to defend. The l