Leave to defend in summary suit must be granted when the defence raises a triable issue or bona fide defence.
Leave to defend in a summary suit must be granted where the proposed defence discloses a real triable issue or a bona fide defence on fair probability. Refusal is justified only when the defence is frivolous, plainly untenable, or meant merely to prolong litigation; serious factual conflict, uncertainty in the claim, or a defence that is more than shadowy but not clearly improbable warrants contest. On that basis, leave to defend was required to be granted and the refusal by the courts below was not sustained.
Issues: Whether leave to defend ought to be granted in a summary suit where the defence discloses a triable issue and a bona fide defence.
Analysis: Leave to defend in a summary suit is to be refused only when the proposed defence is plainly untenable and would merely prolong the litigation. Where the defence raises a real and triable issue, or where the defendant shows a bona fide defence on a fair probability, the defendant must be permitted to contest the suit. The presence of serious factual conflict, uncertainty on the claim, or a defence that is more than shadowy but not necessarily probable is sufficient to warrant leave.
Conclusion: Leave to defend was required to be granted, and the refusal by the courts below was not sustained.
Final Conclusion: The summary suit was permitted to proceed on contest, with leave to defend granted on the terms recorded in the judgment.
Ratio Decidendi: In a summary suit, leave to defend must be granted where the defence discloses a triable issue or a bona fide defence, and refusal is justified only when the defence is frivolous or demonstrably untenable.
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