The Bank Of Ceylon, Jaffna V. Chelliahpillai

[IN THE PRIVY COUNCIL]

1962 Present : Lord Radcliffe, Lord Cohen, Lord Keith of Avonholm,
Lord Hodson and Lord Devlin

THE BANK OP CEYLON, JAFFNA, Appellant, and K. A. CHELLIAHPILLAI, Respondent

PRIVY COUNCIL APPEAL No. 52 OF 1960

S. C. 693 of 1956-D. C. Jaffna, 10403

    Mortgage-Execution of a second bond some time after the first bond-Second bond given " by way of further and additional security "-Hypothecary action brought on the second bond alone-Maintainability-Mortgage Act of 1949, s. 7- Amendment of pleadings and framing of issues-Scope-Civil Procedure Code, ss. 93, 146.

    By bond No. 208 made on 27th February 1951 the defendant mortgaged certain goods to secure an advance of Rs. 20,000. On 20th February 1952, when the sum owing to the creditor (a Bank) was Rs. 14,792, the mortgagor entered into a second bond No. 3427 whereunder he mortgaged certain land " by way of further and additional security " for the due payment of that amount.

    The Bank instituted the present hypothecary action on the second mortgage bond No. 3427. The main defence to the Bank's plaint was put forward simply as a point of pl

Click Here to Read the rest of this document