Wijewarden V. Schubert Et Al.

[ In Review.]

Present : Sir Joseph T. Hutchinson, Chief Justice, Mr. Justice
Wendt, and Mr. Justice Middleton.

WIJEWARDENE v. SCHUBERT  et al.

 D.C., Colombo, 20,475.

"'Azure-Recall of writ, effect of-Re-issue-Second seizure and sale under such seizure-Mortgage pending first seizure-Validity-Civil Procedure Code, s. 238.

    Held, that where a writ is recalled a seizure made under it comes an end.

    Where a writ under which property had been seized (the seizure being duly registered) was recalled, but was subsequently re-issued, and the property was seized again and sold by the Fiscal under such second seizure, and where the judgment-debtors mortgaged the property pending the first seizure, but before the second seizure,-
Held, that such mortgage was valid as against the purchaser at the Fiscal's sale, his rights being derived not from the first seizure during the pendency of which the mortgage was executed, but from the second seizure, which was subsequent to the mortgage.

    THE first and second defendants, being the owners of certain premises, mortgaged them to one Don Philip Wijewardene, Muhandiram, by bond No. 1,236,

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