Wijeyewardene V. Jayawardene

1917 Present : Wood Renton C.J. and De Sampayo J.

WIJEYEWARDENE v. JAYAWARDENE.

187-D. C. Colombo, 45,217.

Surety-Beneficium ordinis-Effect of general renunciation of privileges of suretyship.

When the plaintiff, who held a bond from the Ceylonese Union Company, was about to put his bond in suit, the defendant inter vened and granted him a bond (No. 5,279) which contained, inter alia, the following clauses: -

In consideration of the plaintiff granting the indulgence aforesaid, and forbearing at the request of the defendant to claim and enforce payment of the monies due to him by the company, the defendant doth hereby covenant with the plaintiff as follows: -

(1) That he, the defendant, shall and will, at the expiration of twelve months from date hereof, if there shall be due, owing, and payable to the plaintiff upon the said bond No. 5,112 the whole or any. part of the principal , well and faithfully pay to the plaintiff the full amount so due.

(2) Upon such payment the plaintiff shall execute an assignment in his (defendant's) favour of the said bond No. 5,112, but with the express provision that the defendant shall have no r

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