1948 Present : Dias and Basnayake
 
JJ. CHELLIAH, Appellant, and ARON,
Respondent.
 
S. C. 26-D. C. Colombo, 6,864/S

Civil Procedure Code, Chapter 53-Action on promissory note-Summary procedure- Defendant's affidavits-Leave to appear and defend unconditionally-Fixed for inquiry-Defendant absent-Judgment for plaintiff.
 
Plaintiff sued defendant under Chapter 53 of the Civil Procedure Code and affidavit was filed by defendant's-brother on defendant's behalf asking for leave to appear and defend unconditionally. The matter was fixed for inquiry but on that date the defendant was absent and his proctor asked for a postponement. The judge refused a postponement and entered judgment for the plaintiff.
 
Held, that the order entering judgment for the plaintiff was wrong.' The Judge should have, in spite of the defendant's absence, inquired into his application for leave to defend on the affidavit before him.
 
APPEAL from a judgment of the District Judge, Colombo.

C. Renganathan, for the defendant, appellant.

P. Navaratrtarajah, for the plaintiff, respondent.

Cur. adv. vult.

February 23, 1948. DIAS J.-
 
The plaintiff-respondent sued the defen