Present: Garvin and Lyall-Grant JJ.

SHARIEFF et al. v. MARIKKAR et al.

225-D. C. Kalutara, 9,069.

    Prescription--Action on mortgage bond-Death of defendants-Order of abatement-subsequent reversal-Date of commencement of action.

An action which has abated and which has been restored under section 403 of the Civil Procedure Code must be regarded as having commenced at the date of its original institution, for the purpose of a plea of prescription.

APPEAL from a judgment of the District Judge of Kalutara. The action was on a claim based upon a mortgage bond dated March 31, 1913. After the defendants had filed answer, and before the trial, the first defendant died. While his estate was being administered the second defendant also died. On March 6, 1923, the Court entered an order of abatement. On July 14,1923, on the application of the plaintiffs the order of abatement was set aside and the plaintiffs were allowed to proceed with the action. At the trial the substituted-defendants pleaded that the action was prescribed, their contention being that the action must be deemed to have commenced on the date when the order of abatement was