Valliappa Chettiar V. Visuvanathan

1961 Present: Weerasooriya, J., and H. N. G. Fernando, J.

VALLIAPPA CHETTIAR, Appellant, and VISUVANATHAN,
Respondent

S. C. 92 (Inty.) with S. C. 409 (F) D. C. Chavakachcheri, 1767

Liquid claim-Summary procedure-Prima facie defence, an regards a part only of claim-Appropriate order an to leave to appear and defend-Civil Procedure Code, s. 704 (2).

In an action by way of summary procedure for the recovery of Rs. 25,200 upon three cheques X, Y and Z, each for Rs. 8,400, the defendant applied for leave to appear and defend unconditionally. There was no admission of any liability by the defendant. The Court was of opinion that the defendant had no prima facie defence is respect of cheques X and Y but that the defence in respect of cheque Z was prima facie sustainable.

Held, that the defendant should be allowed to file answer unconditionally as against the claim on cheque Z only. In respect of the other two cheques, an order to give security as a condition of his being allowed to appear and defend was valid. As the defendant failed to furnish security in respect of the claims on cheques X and Y, the entering up of the judgment f

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