SUMMARY JUDGMENT.--ITpon a debtor being served with a writ in the High Court at the suit of his creditor, he generally proceeds to enter an appearance in the same manner as if he had a good defence to the action on its merits. His object as a rule is merely to gain time and to delay his creditor, for there is only a small percentage of such cases in which a debtor has a bond fide defence and merits an opportunity to take the case to trial. To proceed to trial of an action always rneans a great delay. The creditor of course would like to obtain judgment in the least possible time, and it is to assist him, without doing an injustice to the debtor, that the Court provides, under Order XIV. of the rules of the Supreme Court, a procedure by which the case may come up for consideration at a very early stage. " Courts of law," said Lord Bramwell, " are not only for the purposes of litigation but are also debt collectors. . . . This order was intended to facilitate the High Court of Justice in debt collecting." The provisions of the order, if exercised, are intended to prevent the necessity for a trial.
The creditor who is entitled to take advantage of the provisions of this order is one who seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising (a) upon a con tract, express or implied (as for instance on a bill of exchange, promissory note or cheque, or other simple contract debt); or (b) on a bond or contract under seal for payment of a liquidated amount of money ; or (c) on a statute where the sum sought to be recovered . is a fixed sum of money or in the nature of a debt other than a penalty ; or (d) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only ; or (e) on a trust ; or (f) in actions for the recovery of land, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or against persons claiming under such tenant. But he must
" specially " indorse his writ with full particulars of his claims and the items thereof. The defendant having been served with such a writ in such an action, and having appeared, the plaintiff can then take out a summons for leave to sign judgment against the defendant notwithstanding the appear ance. This summons, accompanied by an affidavit in support, is served upon the defendant at least four clear days before the day appointed for it to be heard. Upon the hearing the defendant can file an affidavit if the circum stances of the case permit, showing that he has a good defence to the action and that his appearance was not entered for the purposes of delay. If the Court is satisfied that the defendant has a good defence it will refuse the plaintiff's application for judgment and will give leave to the defendant to defend. If it is not so satisfied it will either absolutely refuse to allow the defendant to defend the action, or it will allow him to do so only upon terms, as for example that he pays into court the amount of the plaintiff's claim. See ACTION.