Issadeen & Co. Ltd. V. Wimalasuriya

1960 Present : Weerasooriya, J., and T. S. Fernando, J.

ISSADEEN & COMPANY LTD., Appellant, and  WlMALASURIYA,
Respondent

S. C. 105 - D. C. Matura, 1355

    Civil Procedure Code-Action by summary procedure on a liquid claim-Disclosure of prima facie defence in regard to part of claim-Defendant's right to defend unconditionally-Sections 704 (2), 706.

Plaintiff filed action by way of summary procedure under Chapter 53 of the Civil Procedure Code for the recovery of a sum of Rs. 20,000. The Court did not consider as lacking in good faith the defence that only a sum of Rs. 7,600 was due to the plaintiff.

Held, that the defendant was entitled to be allowed to appear and defend the action without being called upon to furnish any security at all. There is nothing in section 704(2) of the Civil Procedure Code which precludes its application to a case where a prima facie sustainable defence is disclosed in regard to only a part of the claim while the rest of it is admitted.

APPEAL from a judgment of the District Court, Matara.

C. Ranganathan, with D. R. P. Goonetilleke, for the Defendant-Appellant

S. D. Jayasundera, for the Pla

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