Ramanaden V. Fernando Et Al.,

Present : Bertram C.J. and De Sampayo J.

RAMANADEN v. FERNANDO et al.

94-D. C. Negombo, 7,930.

Civil Procedure Code, s. 339 - Assignment of decree - The assignee becoming heir of one of the judgment-debtors after assignment- Application by assignee to be substituted plaintiff-Discretion of Court-Delay in making application-Prescription.

The second proviso to section 339 of the Civil Procedure Code, which enacts that where a decree against several persons has been transferred to one of them it shall not be executed against the others, does not apply to the case of an assignee who becomes an heir of one of the debtors after the assignment.

The Court has a discretion as to the substitution of a plaintiff; where there was considerable delay the Court referred the assignee to a separate action.

IN this action the original plaintiff sued on a mortgage bond executed by Madalena Fernando and Romel Gabriel Per era. The latter having died, the administratrix of this estate, with Madalena, was sued in the above case. On March 9, 1910, formal mortgage decree was entered against the defendants.

On October 15, 1910, the original plaint

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