Arunachalam Chettiar V. Paulis Appuhamy

1936   Present: Moseley J. and Fernando A.J.

ARUNACHALAM CHETTIAR v. PAULIS APPUHAMY.

142-D. C. Colombo, 51,848.

Mortgage decree-Time fixed for payment of money-Court's power to extend time on cause shown-Civil Procedure Code, s. 343.

Where sufficient cause is shown for stay of the sale of property in execution of a mortgage decree a Court has power to grant an extension of time for payment of money due under the decree.

Ramanathan v. Ibrahim (36 N. L. R. 445) referred to.

APPEAL from an order of the District Judge of Colombo.

H. V. Perera (with him Wickremanayake), for defendant, appellant.

N. Nadarajah, for plaintiff, respondent.

Cur. adv. vult

November 10, 1936. FERNANDO A.J
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In this case a decree was entered on March 28, 1934, directing that order to sell the mortgaged property was not to issue either until the defendant makes default in the payment of certain sums which he agreed to pay on certain dates, or till a period of two years from the date of the decree has expired. That period having expired in March, 1936, the plaintiff applied for an order to sell, and defendant applied for a further period within

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