Conditional leave to defend failed for non-deposit, allowing the plaintiff to obtain a decree on the plaint.

Where leave to defend is granted subject to a condition of deposit, failure to comply with that condition entitles the plaintiff to rely on the earlier leave order and seek a decree on the plaint. Here, the defendant did not deposit the specified sum within time, and a certificate of non-deposit was produced. On that basis, the suit was decreed in favour of the plaintiff.

---

---

Issues: Whether the suit was liable to be decreed when the defendant failed to comply with the condition attached to the grant of leave to defend.

Analysis: The defendant had been granted leave to defend only on condition that a specified sum be deposited within the stipulated time. The defendant failed to make the deposit, and a certificate of non-deposit was produced. In these circumstances, the plaintiff was entitled to rely on the earlier order and seek a decree in terms of the plaint.

Conclusion: The suit was decreed in favour of the plaintiff.

---