Present: GARVIN A.C.J. and LYALL GRANT J.

RAMANATHAN v. FERNANDO et al.

72 and 73-D.C. (Inty.) Colombo, 35,505

Liquid claim-No valid defence disclosed-Right of defendant to appear and defend-Deposit of claim-Civil Procedure Code, Ch. L111.

In an action upon a liquid claim brought under Chapter LIII. of the Civil Procedure Code, the defendant has the right to appear and defend upon depositing in Court the amount in claim, even where the Court finds that no valid defence is disclosed.

Per LYALL GRANT J.-Where a Judge rejects the affidavit of the defendant, his order ought to fix a time within which the amount sued for should be deposited in Court and to state that, unless the money is deposited within the time so fixed, leave to appear is refused.

APPEAL from an order of the District Judge of Colombo. This was an application for leave to appear and defend in an action on a promissory note. At the time of the making and the endorsement of the promisory note sued upon, the defendants-appellants were partners. Their case was that the promissory note was endorsed and delivered to the plaintiff in pursuance of an agreement between the plai