Sivapalanathan Vs Raj Gopal – sllr 2005 volume 1 page 062

The case between Sivapalanathan and Raj Gopal addressed whether the defendant’s application to appear and defend without security was justified where the underlying claim, based on two cheques dated in 1997 and filed in 2003, was alleged to be prescribed under the Prescription Ordinance. It was held that the action was time-barred and, under Sections 705(2) and 706 of the Civil Procedure Code, a defendant is entitled to appear and defend without furnishing security if a prima facie sustainable defense is disclosed. The principle that a condition precedent to the issuance of summons in summary procedure must be the non-prescribed status of the instrument was reaffirmed. The findings established reliance on precedents such as Ramasamy Chetty vs. Uduma Lebbe Marikkar and Natchiappa Chetty vs.