Summary suit defence must be plausible; admitted liability and weak objections justified conditional leave to defend on deposit.

In a summary suit, a defendant must disclose a plausible or probable defence to obtain unconditional leave to defend. The court found the defence unsupported because the alleged unpaid invoices were not identified, payments were not shown to have been appropriated to any specific bill, and the claimed long implied credit period was commercially untenable. The written balance confirmation was treated as an admission of liability, and the objections to its use were insubstantial. Unconditional leave to defend was therefore refused, and leave was permitted only on deposit of the claimed amount, with default exposing the plaintiff to an ex parte decree.

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Issues: Whether the defendants disclosed a substantial defence sufficient to obtain unconditional leave to defend in the summary suit, and whether conditional leave to defend on deposit was warranted.

Analysis: The suit was based on a long commercial relationship, unpaid invoices and a written balance confirmation acknowledging liability. The defence that only some invoices were unpaid was unsupported by identification of those invoices or their value. Payments made without earmarking any invoice were not shown to have been appropriated to any particular bill, and the transactions did not establish a running account. The contention that the invoices carried an implied credit period of 450 to 800 days was found commercially untenable, and the absence of a specified credit period did not create an enforceable right to years of interest-free credit. The written confirmation of balance was treated as an admission, and the objections raised to its use were found insubstantial. No plausible or probable defence was made out.

Conclusion: Unconditional leave to defend was refused. The defendants were granted leave to defend only upon deposit of the claimed amount, failing which the plaintiff could seek an ex parte decree.

Final Conclusion: The summary suit was disposed of by imposing a deposit condition as the basis for the defendants' further defence, with the plaintiff protected against default.

Ratio Decidendi: In a summary suit, where the defendant fails to disclose a plausible or probable defence and the documentary material amounts to an admission of liability, leave to defend may be granted only conditionally, including by requiring deposit of the claim amount.

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