1913 Present: Lascelles C.J. and Wood Renton J.

ELYATAMBY v. VALLIAMMAI et al.

222-D. C. Jaffna, 7,995.

Mortgage of an undivided share-Mortgagee not registering address and not making puisne incumbrancer a party to mortgage action- Subsequent action for partition-Mortgagee not entitled to a declaration that the share mortgaged is subject to the mortgage-Civil Procedure Code, ss. 643 and 644-Utilis impensa.

Compliance by a mortgagee with the requirements of sections 643 and 644 of the Civil Procedure Code is a condition precedent to a puisne incumbrancer being made bound either directly or indirectly by the decree in the mortgage action.

A mortgagee of an undivided share did not register his mortgage or his address, in accordance with section 643, Civil Procedure Code, and did not make the person to whom the mortgagor had subsequently gifted the land by an unregistered deed a party to the

mortgage action. Under his decree the mortgagee himself purchased the land. Thereafter a co-owner brought an action for partition, and the mortgagee asked for a declaration that the title of the subsequent donee was subject to his mortgage.

Held, t