1951 Present: Nagalingam J. and Swan J.

HAMID, Appellant, and MARIKAR et al., Respondents

 S. C. 14-D. C. Colombo, 4,851 (P)

Mortgage-Decree entered on bond-Objection that bond was void cannot be taken thereafter.

Lunatic-Unrepresented by guardian ad litem-Validity of decree entered against him-Contract of person adjudged lunatic-Made during lucid interval- Is such contract valid?-Civil Procedure Code (Cap. 86), ss. 476 ct seq., 502, 555 et seq., 578.

Where a mortgage bond is put in suit a decree entered thereon by a Court of competent jurisdiction would be binding on the mortgagor and those claiming through him, even if the mortgage bond was in fact null and void. The objection that the bond is a nullity should be taken before judgment is entered. Once decree is entered the mortgage creditor's rights and the mortgage debtor's liability must be considered as based on the decree and not on the bond ; it cannot thereafter be contended that if the bond was null and void a decree entered thereon must also be null and void.

A decree entered against a person of unsound mind who was unrepresented Toy a guardian ad litem. is good and bind