(Full Bench. ]

1914 Present: Wood Renton C.J., Pereira J., and De Sampayo A.J.

COORAY v. PERERA.

238-D. C. Kalutara, 5,554.

Lis pendens-Action not lis pendens between data of order of abatement (402 C. P. C.) and the setting aside of the order. Per Wood Renton C.J. and De Sampayo A.J. Pereira J. dissentiente).-Where in an action an order of abatement is entered under section 402 of the Civil Procedure Code, and the same is subsequently set aside, the action cannot be regarded as having been lis pendens during the period between the passing of the order and its being set aside,

Per Pereira J.-If during the period referred to above the action is not to be regarded as lis pendens, the aim and object of the provision of the section allowing an order of abatement to be set aside would be defeated.

THE facts are set out in the judgment of De Sampayo A.J. as follows: -

The facts relevant to the point submitted for consideration may be shortly stated thus. One Isabella, wife of Juan, mortgaged the property in question to the plaintiff by bond dated March 9, 1897, Under writ of execution issued against Juan personally the Fiscal seized and sold the pro