Present : Porter and Schneider JJ.

BANDA v. DHARMARATNE.

97-D. C, Kegalla, 5.367.

Action on a mortgage bond against mortgagor and purchaser-Application after trial to add the purchaser, pendente lite, as party to action-- Civil Procedure Code, s. 18-Power of Court to delay entering up of decree-Civil Procedure Code, ss. 187 and 188-Policy of the Code to avoid multiplicity of actions.

Plaintiff instituted an action on a mortgage bond against the mortgagor (first defendant) and the purchaser from the mortgagor (second defendant). The lis pendens was not registered nor were the provisions of chapter XLVI of the Civil Procedure Code complied with. After trial judgment was reserved, and before judgment was delivered plaintiff moved that judgment be deferred till aa application to add a party to whom the second defendant had sold the property pending the action was considered.

Held, that the Court had power under Section 18 of the Civil Procedure Code to add a party at that stage, and that plaintiff's application should have been, allowed under the circumstances.

SCHNEIDER J--" the policy of the Civil Procedure Code is to avoid a multiplic