BABAPULLE v. RAJAKATNAM et al.

BABAPULLE v. RAJAKATNAM et al.

D. C., Colombo, 10,344.

Action on promissory note granted by husband and wife-Default of wife, to-appear-Judgment entered against wife after husband's appearance to-defend-Invalidity of judgment.

When a husband and wife are sued on a joint promissory note, and the husband has obtained leave to appear and deferred, no judgment can be entered against the wife for non-appearance, because by her legal guardian appearing she cannot be said to be in default.

THE plaintiff sued his daughter, the second defendant, and her husband, the first defendant, for the recovery of a sum of Rs. 5,000 due upon a promissory note made by them in favour of plaintiff on the 29th March, 1897.

The second defendant did not appear, and judgment was entered against her.

The first defendant filed answer admitting the debt due on the promissory note, but claimed in reconvention a sum of Rs. 8,000, which he alleged become payable to him in respect in a marriage contract entered into between the plaintiff and the two defendants. It appeared that by a deed dated 25th November, 1896, the plaintiff, in consideration of the first defenda

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