1931 Present : Drieberg and Akbar JJ.

IBRAHIM v. SEYADU MOHAMADU.

396-D. C. Puttalam, 4,280.

Warrant of attorney to confess judgment-Authority to confesss on mortgage bond -Conditions of bond not included in the warrant-Is the warrant valid?

A creditor to whom a warrant of attorney to confess judgment is given by a debtor cannot be prevented from obtaining judgment on the warrant on the ground that certain conditions of the mortgage bond, on which the right of recovery depended, have not been fulfilled, unless those conditions were included in the warrant itself.

BY a mortgage bond, D, the appellant became liable to the respondent in a sum of Rs. 66,854 to be paid by instalments. On the same day the appellant granted to Mr. Strong, a proctor, a warrant of attorney to confess judgment.

The bond provided that, if default was made in payment of an instalment, the appellant was to be given one month's time for payment before bringing an action on the bond. The appellant made default in the first instalment which was payable on June 3, 1930, and the respondent gave notice that if appellant did not pay by July 3, 1930, he would sue