[FULL BENCH]

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

MORAES et al. v. NALLAN CHETTY. .

321-D. C. Kandy, 29,596.

Mortgage-Civil Procedure Code, ss. 640-644-Address not registered by mortgagee-Sale by second mortgagee under his decree-Second  mortgagee not a party to action by first mortgagee-Is purchaser at sale under decree of second mortgagee bound by the first mortgage?

Where a registered mortgagee did not register his address, and brought an action on his bond without making a subsequent mortgagee a party, or giving him notice of the action, and where the subsequent mortgagee obtained judgment on his bond before the first mortgagee instituted his action, and sold in execution the-mortgaged property before it was seized under the decree obtained by the first mortgagee,-

Held, that the purchaser at the sale in execution under the decree obtained by the second mortgagee took the property subject to the first mortgage.

The effect of not registering address by primary mortgagee discussed. Suppramaniam. Chetty v. Weerasekera[1 (1918) 30 N. L. R. 170.] considered.

THE facts are set out in the judgment of the Chief Justice