Thambaiyar Et Al V. Paramusamy Aiyar Et Al.,

[PULL BENCH.]

1917 Present : Ennis J., Shaw J., and De Sampayo J.

THAMBAIYAR et al. v. PARAMUSAMY AIYAR et al.

448-C. R. Paint Pedro, 16,983.

Mortgage-Mortgaged properly under Rs. 1,000 in value-Estate of deceased mortgagor under Rs. 1,000-Action against heirs of mortgagor-Action bad-Civil Procedure Code, ss. 640 to 642.

An action to realize a mortgage cannot be brought without Making the personal representative of a deceased' mortgagor a party, even when the estate of the mortgagor is under Rs. 1,000 in value. The mortgagee must, when the property mortgaged is under Rs. 1,000, get a person specially appointed to represent the estate of the deceased mortgagor, if no administrator or executor has been appointed.

THIS case was referred to a Bench of three Judges by the following judgment of Ennis J. (February 20, 1917): -

This was an action on a mortgage bond. The plaintiffs made all the- heirs of the deceased mortgagor defendants in the action. It is admitted that the estate of the deceased mortgagor was under Rs. 1,000 in value. The learned Commissioner has dismissed the Action on a preliminary issue, holding

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