DON JACOVIS v. PERERA.

Present: The Hon. Mr. A. G. Lascelles, Acting Chief Justice, and
Mr. Justice Middleton.

DON JACOVIS v. PERERA.

D. C., Colombo, 2,369.

Mortgage decree-Decree for the payment of money-Execution-Due diligence-Civil Procedure Code, s. 337.

A mortgage decree which orders the defendant to pay to the plaintiff a certain sum of money within a certain -time and directs that, in default of such payment, the property hypothecated be sold to satisfy the debt, is a decree for the payment of money, and the provisions of section 337 of the Civil Code apply to such a decree.

APPEAL from an order of the District Judge (J. E. Weinman, Esq.) refusing to issue execution.

The facts sufficiently appear from the judgment of Lascelles A.C.J.

F. M. de Saram, for the plaintiff, appellant.-This is an action on a mortgage. A decree was entered for the payment of the money due on the bond and mortgage decree that the property be sold on failure to pay the money. The decree being a mortgage decree, it

is submitted that the provisions of section 337 of the Code do not apply, Ram Chand v. Shobanat Rai(1I. L. R. 16. All. 418.). In that case the decree was under the In

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