SUPPERAMANIAN CHETTY v. MOHAMMADU ALIAR et

SUPPERAMANIAN CHETTY v. MOHAMMADU ALIAR et al.

D. C, Kegalla, 870.

 

Civil Procedure Code, ss. 242, 246-Claim by mortgagee in property seized in execution-Rejection of claim and sale of property-Failure of mortgagee to institute action for establishing his right under s. 247-- Right of mortgagee to bring hypothecary action against his debtors and purchaser under sale in question.

A land being seized in execution as the property of A and B, C (the mortgagee) preferred a " claim " to the Fiscal. The District Judge rejected his " claim to the property," and the land was sold by the Fiscal to D. Thereafter C (the mortgagee) raised the present suit against his debtors A and B and the purchaser D.

On D's plea that C's action was barred by section 247 of the Civil Procedure Code, in that it was not instituted within fourteen days of the rejection of t he claim.---Held, that the ' claim " rejected did not affect the right of C to sue on the mortgage bond or to seize the land mortgaged, into whose possession so ever it went.

Lawrie, J.- Section 246 of the Civil Procedure code is intended for the benefit of those whose lie

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