Cap. 12 Art. 170Trial in special summary proceedings. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52.

(1) If the defendant fails to appear to the sworn application, or if he appears and does not impugn the proceedings taken by the plaintiff, on the ground of irregularity or inapplicability, or, having unsuccessfully raised such plea, does not by his own sworn evidence, or otherwise, satisfy the court that he has a prima facie defence, in law or in fact, to the action on the merits, or otherwise disclose such facts or issues of law as may be deemed sufficient to entitle him to defend the action or to set up a counter-claim, the court shall forthwith give judgment, allowing the plaintiff’s claim. The defendant may make his submissions to impugn the proceedings taken by plaintiff on the ground of irregularity or inapplicability by means of a note to be filed in the registry of the court or during the hearing.

(2) If the defendant successfully impugns the proceedings on the ground of irregularity, or inapplicability, or if he satisfies the court that he has a defence to the action, or discloses prima facie such facts or issues of law as may be deemed sufficient to entitle him to defend the action or to set up a counter-claim, he shall be given leave to defend the action and file a statement of defence within twenty days from the date of the order referred to in sub-article (4), in which case the defendant shall comply with the provisions of article 158 so far as applicable.

(3) Where leave to defend is given, the action shall be tried and determined, on the same acts, in the ordinary course as provided in this Code.

(4) The order giving leave to defend shall be made orally, a record thereof being kept in the proceedings.