Present: Middleton J and Wood Renton J.   July.28,1910

ROWEL et al v. JAYAWARDENE.

81-D. C. Chilaw, 4,138.

Address furnished to the Registrar of Lands by primary mortgagee and puisne incumbrancer-Action by primary mortgagee on the mortgage bond with notice to the puisne incumbrancer-Hypothecary decree binding on the, puisne incumbrancer-Civil Procedure Code, ss. 237, 613, 044.

Where (he primary mortgagee and puisne encumbrance had both failed to comply with the provisions of section 644 of the Civil Procedure Code as to furnishing an address to the Registrar of Lands for notice, and where the primary mortgagee brought a hypothecary action on the bond and gave the puisne encumbrance full notice of the action and the puisne encumbrance failed to intervene in the action,-

Held, that the puisne encumbrance was bound by the hypothecary decree.

THE facts of this case are fully set out in the following judgment of the District Judge (T. W. Roberts, Esq.): -

" The property in dispute was mortgaged by its owner in 1900. In March, 1906, the defendant, an unsecured creditor, seized the properly in execution of his money decree and himself bought