Present: Mr. Justice Middleton and Mr. Justice Grenier.

PERERA v. SILVA et al.

D. C, Kalutara, 4,034.

    Sale by defendant before service of summons - Lis pendens - Litis contestatio.

A conveyance by a defendant of the land in dispute in an action is valid as against the plaintiff, if it was made before the defendant knew of the existence of the suit.

If it could be shown that the defendant knew of the institution of the action against him and evaded service of summons, and in the meantime sold the land, the doctrine of lis pendens would apply, and the sale would be a nullity as against the plaintiff.

APPEAL from a judgment of the District Judge of Kalutara. In this action (partition) title to a one third share was in dispute between the plaintiff (respondent) and the added defendants (appellants). Admittedly the land belonged originally to one Christian Silva, who mortgaged it to the added defendants, who put the bond, which was unregistered, in suit on May 17, 1906. Summons was served on Christian Silva on June 26, 1906. Judgment was entered against Silva, and the mortgaged property was bought by the added defendants, who re