Plaintiff issued a writ under the Instruments Act 1890 as the indorsee and holder of two promissory notes made by the defendant. The defendant obtained leave to defend under that Act upon an affidavit satisfying the Judge that there were facts which would make it incumbent upon the holder to prove consideration. An application to set aside such order giving leave to defend was dismissed upon the same ground, viz., that there were facts alleged by defendant which would make it incumbent upon the holder to prove consideration, the Judge refusing upon such application to decide the question of consideration on the affidavits. The plaintiff then applied under Order XIV., r. 1, for leave to sign final judgment, setting out in the affidavits facts proving consideration.