Code of Organization and Civil Procedure (Cap. 12), article 170

170. (1) If the defendant fails to appear to the sworn application, or if he appears and does not impugn the proceedin gs taken by the plaintiff, on the ground of irregularity or inapplicability, or, having unsuccessfully raised such plea, do es not by his own sworn evidence, or oth erwise, satisfy the court that he has a prima facie defence, in law or in fact, to the action on the merits, or otherwise disclose su ch facts or issues of law as ma y be deemed sufficient to entitle him to defend the action or to set up a counter-claim, the court shall forthwith give judgment, allowin g the plaintiff’s claim. The defendant may make his submissions t o 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 successfu lly impugns the proceedings on 54 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE the ground of irregularity, or in applicability, or if he satisf ies the court that he has a prima facie defence to the action, or discloses such facts or issues of law as may be deemed sufficient to enti tle him to defend the action or to s et up a counter-claim, he shall be given leave to defend the action and file a statement of defenc e within twenty days from the date of the order referred to in su b- article (4), in which case the defendant shall comply with the provisions of article 1 58 so far as applicable. (3) Where leave to defend is given , the action shall be tried an d determined, on the same acts, in the ordinary course as provide d in this Code. (4) The order giving leave to d efend shall be made orally, a record thereof being k ept in the proceedings. Mode of procedure in inferior courts. Amended by: XI.1859.7; VII.1880.8; XV .1913.53,54; XXIII.1971.12; XLIX.1981.6; VIII.1990.3. Substituted by: XXIV .1995.81. Amended by: XXXI.2002.57; XXII.2005.29.