1937 Present: Moseley J. and Fernando A. J.

AVICHCHY CHETTIAR v. PERERA.

56-D. C. Negombo, 9,776.

Appeal-Failure to add necessary parties as respondents-Exercise of Supreme Court's discretion-Civil Procedure Code, s. 770.

The plaintiff sued the first defendant-respondent to recover a certain sum of money by way of principal and interest due on a mortgage bond and joined the second and third defendants as parties, who held subsequent incumbrances over the property mortgaged.

Judgment was entered in favour of the plaintiff for an amount less than that claimed by him and the plaintiff appealed, the first defendant alone being made respondent.

Held, that it could not have been obvious to the appellant that the second and third defendants were necessary parties to determine the amount payable to the first defendant, although their rights would have been affected if the appeal was allowed; and that the Supreme Court should exercise its discretion under section 770 of the Civil Procedure Code, and give leave to the appellant to add the second and third defendants as parties.

APPEAL from a judgment of the District Judge of Negomb