Bank Of Chettinad V. Palmadan Chetty

1932 Present: Akbar J. and Jayewardene A.J.

BANK OF CHETTINAD v. PALMADAN CHETTY.

134-D. C. Colombo, 44,518.

Mortgage decree-Entered in first instance-Application to vary terms of decree-Payment by instalments-Civil Procedure Code, s. 194.

Where a mortgage decree orders that the defendant shall pay forthwith the sum due and that, in default of payment, the premises mortgaged be fold, the Court has no power to vary the order by making what is, in effect a decree for payment by instalments.

A decree for payment by instalments must be made in the first instance. Such a decree cannot be entered in a mortgage action.

APPEAL from an order of the District Judge of Colombo.

H. V. Perera, for the plaintiff, appellant.

Weerasooria (with him Nadarajah), for the defendant, respondent.

May 6, 1932. AKBAR J.-

The point to be decided in this appeal seems to be a clear one and of some importance to practitioners. On June 8, 1931, the plaintiff-appellant obtained an ordinary mortgage decree, the 1st clause of which ordered the defendant to pay forthwith to the plaintiff a sum of Rs. 65,371.50, together with interest at 9 per cent,

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