Silva Et Al. V. Singho Et Al.,

Present : The Hon. Sir Joseph T. Hutchinson, Chief Justice,
and Mr. Justice Wood Renton.

SILVA et al. v. SINGHO et al.

D. C, Matara, 3,009.

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

A decree in a mortgage action for the payment of money due on the mortgage bond and in default thereof for the sale of the mort. gaged property, and the realization of any balance of the debt still remaining unpaid after such sale, is a " decree for the payment of money " within the meaning of section 337, Civil Procedure Code.

Writ was issued in this case in January, 1908; under it the mortgaged lands and also some other unmortgaged lands of the judgment-debtor were sold. In October, 1909, plaintiffs made an application for the re-issue of the writ for the unsatisfied portion of the decree, and filed an affidavit explaining the delay to have been due to the difficulty of finding out other properties of the debtor.

Held, that there was no lack of due diligence on the part of the plaintiffs, and that they were entitled to have the writ re-issued.

THE facts are fully set out in the judgment o

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