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SITTARA RICE TRADING versus UNITED BANK LIMITED


Section 10 (2) Application for leave to defend case Banking court requests for leave of defendant to issue notice through courier service and ban on the date of declaration in the newspapers. Excluded Respondents' application to calculate delivery of notices by either courier service or registered mail was not banned because receipt of the notice by courier service or registered mail would not be prohibited, rather than the issuance of notice or publication of the announcement. In the newspapers that were deemed irrelevant for the purposes of the date, when the specific date was reported for the defendant to appear, the trial court was asked to defend the case on a technical matter. The leave should not have been denied, especially when the defendant had paid a substantial portion of the liability. There was an unanticipated order and a leave application was granted to defend the er suit which was referred to the trial court. \ R \ n

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