Muheeth V. Nadarajapillai Et Al.

[FULL BENCH.]

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

MUHEETH v. NADARAJAPILLAI et al.

41-D. C. Colombo, 45,446.

Lis pendens-Action on a mortgage bond-Lease by a mortgagor before service of summons but after institution of action.

A lease by a mortgagor after the institution of an action on the mortgage bond by the mortgagee, but before service of summons on him, cannot be regarded as having been executed pendente lite. A lis pendens arises only upon the service of summons, so as to affect any dealing with the subject of litigation by the party . defendant.

The rule of lis pendens applies as much to a mortgage action as to any other action relating to immovable property.

THE facts are set out in the judgment.

Bawa, K.C., and Samarawickrema, for plaintiff, appellant.

A. St. V. Jayewardene, for defendants, respondents.

Cur. adv. vult.

June 19, 1917. WOOD RENTON C.J.-

The argument of this appeal has been inevitably delayed by the simultaneous absence of my brother De Sampayo and myself on circuit. The material facts are these. Florence Casie Chetty and her husband, by deed No. 110 dated November 8, 19

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