Practice and procedure—Summary judgment—Affidavit in support of application—
Summary procedure under Order 14, r. 1 of L.N. 140A—Proper person to swear
affidavit—Affidavit accompanying application sworn to by law clerk of respondent's
solicitor—Law clerk swearing on basis of receipts and letters in his possession—Lack
of personal knowledge—Whether there was jurisdiction for court to invoke summary
procedure laid down by Order 14, r. 1 in the respondent's favour—High Court (Civil
Procedure) Rules, 1954 (L.N. 140A), Order 14, r. 1.
Practice and procedure—Summary judgment—Filing of statement of defence—
Triable issues disclosed in statement of defence—Whether filing of affidavit in
opposition only legal mode of resisting summary judgment—Whether leave of court
required before filing statement of defence—L.N. 140A, Order 14, r. 3 (a).
Practice and procedure—Writ—Endorsement of address—Failure to indorse
plaintiff’s address on writ of summons—Whether writ a nullity—L.N. 140A, Order 4, r.
1.