(1) An application by the defendant for leave to apJ)ear and defend the suit shall be supported by an affidavit, which shaD state whether the defence alleged goes to the whole or to pan only and , if so, to what part of the plaintitrs claim and the coUrt also may allow the defendant making the application to be exa- IIlUleoon oath. (2) The court may ()rder thp.defend~nt to attend and be examinptf upon oath, or to produce any deeds, books or documents, or co~~soforextrac~there&om. '3) The plaintiff shall be served with notice ofthe application and with a copy of the affidavit filed by the defendant. Art. 1Jf1.- judgment upon r{!fusal to Rive leave Where, after hearing an application by a defendant for leave to ap- pear and defend the suit, the court refuses t~ grant such leave, the plaintiff shall be entitled to judgment as against such defe~dant.