22 Jul 1987
DAYS INTERNATIONAL LIMITED v.NATHALAL KALIDAS MODI AND ANOTHER
- Citation
- DAYS INTERNATIONAL LIMITED v.NATHALAL KALIDAS MODI AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1041/1987
Where a defendant's uncontradicted assertion, supported by legal advice, establishes that she cannot lawfully or practically comply with any monetary condition imposed as a term of conditional leave under Order 14, the court must grant unconditional leave to defend; imposing an impossible payment condition would be a wrongful exercise of discretion (following Yorke v Edwards).