Chandraratne vs Wijetillake – sllr 2005 volume 2 page 170

In the case between Chandraratne (Plaintiff Respondent) and Wijetillake (Defendant Petitioner), the court addressed the issue of recovery of a sum due on five cheques and the sufficiency of evidence regarding “valuable consideration” for the issuance of those cheques. The court held that when the genuineness of the defense is reasonably in doubt, it is appropriate to require the defendant to deposit security before being permitted to defend. This principle, grounded in the Civil Procedure Code and the Bills of Exchange Ordinance, was reaffirmed by the decision, highlighting that mere speculation about insufficient consideration is inadequate in the face of credible supporting evidence. The appellate court emphasized that security can be demanded under such circumstances and upheld the tria