Suppiaya Reddiar V. Mohamed Et Al.,

1937   Present : Abrahams C.J., Poyser and Maartensz JJ.

SUPPIAYA REDDIAR v. MOHAMED et al.

78-C. R. Colombo, 24,794

Joint promissory note-Action against two makers-Judgment by default against one-Action barred against the other-English law.

Where in an action brought against two joint-makers of a promissory-note, judgment by default is entered against one, the action cannot thereafter be maintained against the other.

PLAINTIFF sued two defendants on a promissory note for Rs 300, admitted to be a joint note, dated January 5, 1935, carrying interest at 18 per cent. On the day of trial, the first defendant did not appear and judgment was entered against him. The following issue was then framed: " In view of the judgment against the first defendant, can the plaintiff maintain the action against the second defendant as it is a joint promissory note ? " The issue was answered against the defendant and judgment was entered for the plaintiff as prayed for with costs.

N. K. Choksy (with him R. C. Fonseka), for second defendant, appellant. -The decree is one for judgment against the defendants jointly and severally. This is a jo

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