Present: Schneider and Dalton JJ.

FERNANDO et al. v. MENDIS et al.

102-D. G. Negombo, 14,231.

    Decree, assignment of-Before decree nisi is made absolute-Application by assignee after final decree to have himself substituted-Civil Procedure Code, 8. 339.

When, after decree nisi had been entered in an action, the plaintiff assigned the decree, and the assignee applied to have himself substituted as plaintiff after the decree had been-made absolute.

Held, that the assignment was good, and that the assignee was entitled to make the application under section 339 of the Civil Procedure Code.

THE plaintiff in this action on June 10, 1920, obtained a decree nisi against Singha Fernando and his wife, Welpina Silva, declaring certain interests in land bound and executable. Thereafter on August 5, 1920, he assigned the decree in the action to one Kumarappa Chetty. Decree absolute was, however, entered up only on August 16, 1920. Kumarappa Chetty's interests by various assignments devolved on the first and second respondents who applied under section 339 of the Civil Procedure Code to be substituted in place of the plaintiff.

The application