Before such action can be commenced by a plaintiff other than the government of the Virgin Islands or public corporation, leave shall be obtained of the court where the action is triable. Such leave shall be granted upon the production of a certified copy of the undertaking or other security and an affidavit of the plaintiff, or some person in his behalf, showing the delinquency. If the matters set forth in the affidavit are such that, if true, the party applying would clearly not be entitled to recover in the action, the leave shall not be granted. If it does not appear from the complaint that the leave herein provided for has been granted, the defendant on motion shall be entitled to judgment for nonsuit; if it does, the defendant may controvert the allegation, and if the issue is found in his favor judgment may be given accordingly.