Weerasuriya vs Perera – sllr 2012 volume 2 page 265

In the case between Weerasuriya (Plaintiff) and Perera (Defendant), the court addressed the issue of whether a defendant seeking to appear and defend under Chapter LIII of the Civil Procedure Code is required to meet any conditions, such as the deposit of security, when the defense is challenged, and the manner in which Section 704 applies to the assessment of a prima facie sustainable defense. It was held that if a defense is shown to be prima facie sustainable, the defendant must be allowed to appear and defend unconditionally, without the imposition of a security deposit. This decision reaffirmed the principle that only a prima facie showing of a reasonable defense is mandated, emphasizing that a full trial of facts or a conclusion on the balance of probabilities is unnecessary at this