Imperial Bank Of India, Ltd. V. Silva Et Al.,

1933 Present : Akbar J. and de Silva A.J.

IMPERIAL BANK OF INDIA, LTD. v. SILVA et al.

201-D. D. (Inty.) Colombo, 48,903

Mortgage decree-Order for payment by instalments-Civil Procedure Code, s. 194-Ordinance No. 22 of 1927, s. 12.

In a mortgage action the Court has power to order the payment, by instalments, of the money due under the decree.

APPEAL from an order of the District Judge of Colombo.

L. A. Rajapakse, for defendants-appellants.

N. E. Weerasooria, for plaintiff-respondent.

May 31, 1933. De SILVA A.J.-

The plaintiff in this case sued the defendants for the recovery of the balance sum of Rs. 72,182.94 due on a mortgage bond excuted on; February 18, 1931, for a sum of Rs. 79,431.53. It appears from the evidence of the second defendant, which has not. been challenged, that: the loan was originally given without security and that later, when called upon, the defendants furnished the security now sued upon, and also handed to the plaintiff a number of promissory notes in their favour. They have also assigned a. mortgage bond. It appears both from the evidence and from the findings of the learned Judg

Click Here to Read the rest of this document