[1] This is an application for the upliftment of a bar and an order allowing the applicant herein to file his plea in the action brought against him by the respondent.

[2] It is common cause that respondent issued summons against the applicant on the 20 September 2014 for payment of the amount of R767 142.00 for goods sold and delivered to the applicant. Such goods being ostrich feed. The summons was duly served on the 13 October 2014. Applicant entered a notice of intention to defend the action of the 28 October 2014. He however failed to file his plea by the 25 November 2014 as required.

[3] It appears to be common cause that the parties engaged in attempts to settle the matter relating to payment of amounts claimed by the respondent. It is also common cause that respondent supplied the applicant with ostrich feed from January 2014 to April 2014. No payment was made by the applicant in respect of invoices for March 2014 and April 2014. It would appear that attempts to settle the matter did not yield any positive results. This prompted the respondent to address a letter to applicant’s attorneys inviting the applicant to file his plea by Friday the 6 February 2015 failing which a bar will be placed by the respondent. In other words he will be barred from pleading. Applicant did not file his plea as requested. Respondent proceeded to cause a Notice to Bar to be served on the on the applicant on the 16 February 2015. Still no plea was forthcoming from the applicant. This prompted the respondent to apply for default judgment which application was served on the 2 March 2015.