1966 Present : Moseley J. and Fernando A.J.

FERNANDO v. KURERA et al.

73-D. C. Chilaw, 8,683.

Decree-Action on summary procedure-Judgment entered by default-Agreement entered into before judgment-Application to certify payment- Scope of section 344 of Civil Procedure Code.

Where, in an action on a promissory note by way of summary procedure after judgment had been entered against one of the defendants by default, it was agreed between the plaintiff and that defendant that on the payment of a certain sum of money and interest the plaintiff should discharge him from further liability on the note and levy the balance due from the other defendants,-

Held, that it was competent to the Court under section 344 of the Civil Procedure Code to inquire whether any payment was made in pursuance of such an agreement and to stay execution against the defendant.

Kuppe Kanny v. Caliappa Pillai (19 N. L. R. 353) followed.

THIS was an action by way of summary procedure brought by the plaintiff to recover a sum of money due on a promissory note from the defendants of whom the respondent was the sixth. Although summons was served on November 3, 19