Leave To Defend - Definition - Law Dictionary

Definition :

Leave to defend. The repealed (English) Bills of Exchange Act, 1855 (18 & 19 Vict.c.67), commonly called 'Keating's Act,' allowed actions on bills or notes commenced within six months after being due, to be by writ of summons in a form provided by the Act, and, unless the defendant should within twelve days obtain leave to appear and defend the action, allowed the plaintiff to sign judgment on proof of service. This procedure was retained by the (English) Judicature Act, 1875, Ord. II., r. 6, but abolished in 1880 by Ord. II., r. 6 (annulled 1917).

By (English) R.S.C. 1883, Ord. III., r. 6, as amended by (English) R.S.C. 1933, in respect of forfeiture for non-payment of rent, it is provided that in all actions where the plaintiff seeks merely to recover a debt or liquidated demand (see QUANTUM MERUIT) in money, or possession where a tenancy has expired or been determined by notice to quit, or has become liable to forfeiture for non-payment of rent, the writ of summons may, at the option of the plaintiff, be specially endorsed with or accompanied by a statement of his claim as of the remedy to which he claims to be entitled; in which case, if the defendant fail to appear, judgment may be signed for the amount claimed; and by Ord. XIV., r. 1, as amended by R.S.C.1933, it is further provided that where the defendant appears to a writ of summons specially indorsed with or accompanied by a statement of claim under Ord. III., r. 6, the plaintiff may on affidavit made by himself or by any other person who can swear positively to the facts, verifying the cause of action and the amount claimed (if any liquidated sum is claimed), and stating that in his belief there is no defence to the action except as to the amount of damages claimed, if any, apply to a judge for liberty to enter judgment for such remedy or relief or upon the statement of claim the plaintiff may be entitled to. The judge therefore, unless the defendant shall satisfy him that he has a good defence to the action on the merits or shall disclose such facts as may be deemed sufficient to entitle him to defend the action generally, may make an order empowering the plaintiff to enter such judgment as may be just, having regard to the nature of the remedy or relief claimed.

Relief from Forfeiture for Non-payment of Rent. By Rule 10 of Order XIV., added by the Rules of January, 1902:-

A tenant shall have the same right to relief after a judgment under this order for recovery of land on the ground of forfeiture for non-payment of rent as if the judgment had been given after trial.