MEYAPPA CHETTY v. RAWTER.

D. C, Chilaw, 2,216.

Mortgagees-Action by primary mortgagee against puisne incumbrancers-Civil Procedure Code, ss. 640 and 643-Ordinance No. 14 of 1891, s. 17.

There is nothing in the Civil Procedure Code to prevent a primary mortgagee joining a puisne incumbrancers as a defendant in his suit to realize his mortgage.

The plaintiff and the second and the third defendants were mortgagees of the first defendant. Plaintiff's mortgage was registered, but not that of the second and third defendants, who put their bond in suit and obtained a decree on 5th April,. 1900, which was registered on 16th October, 1900. The second and third defendants bought the land in execution of their decree, but the fiscal did not give them possession or a conveyance. The plaintiff had no notice of this suit, but, having knowledge of the mortgage in favour of the second and third defendants, which had become subject to his own by reason of the registration of his mortgage, sued the first defendant as mortgagor, and joined in the suit the second and third defendants also.

Held, that plaintiff exercised a wise discretion in joining them as