1935   Present : Poyser and Koch JJ. and Soertsz A J.

PAINDATHAN v. NADAR.

 4-D. C. Chilaw, 10,321.

Summary procedure on liquid claims-Affidavit in support of plaint-The use of words " justly due " not essential-Civil Procedure Code, s. 705.

In an action under Chapter LIII. of the Civil Procedure Code it is not essential that the plaintiff should actually use the word " justly" in his affidavit in support of the plaint.

The defendant should not be granted unconditional leave to defend merely because such word was not used.

The affidavit will substantially comply with the requirements of section 705 of the Code if the facts therein set out show that the sum claimed was rightly and properly due.

CASE referred to a Bench of three Judges on a construction of section 705 of the Civil Procedure Code. This was an action on a promissory note under Chapter LIII. of the Civil Procedure Code. The question referred was whether the plaintiff's affidavit was defective as it did not set out that the money was " justly " due. The learned District Judge held that the affidavit was sufficient to comply with the require-

ments of section 705 of the C