1961 Present: Sansoni, J., and Tambiah, J.

MUTHU RAMAIE et al, Appellants, and ATHIMULAM et al.,
Respondents

S. C. 32/1960 (lnty.)-D. C. Kandy, 4851/P

Mortgage-Hypothecary action against two mortgagors-Death of one mortgagor before the action was filed-Validity of subsequent proceedings in the action-Mortgage Act, No. 6 of 1949, a. 26.

            A mortgagee instituted a hypothecary action in respect of a land mortgaged to him by two co-mortgagors A and B. B had died prior to the date of action, but a representative of his estate was appointed in the mortgage action and added as a defendant.

  Held, that the death of co-mortgagor B prior to the institution of the mortgage action could not render the action a nullity. Accordingly, the subsequent mortgage decree and execution sale were valid. '

APPEAL from an order of the District Court, Kandy.

                   C. Ranganathan, with V. K. Palasuntheram, for the 3rd to 12th Defendants-Appellants.

                  Vernon Jonklaas, for the 13th Defendant-Respondent.

                  L. G. Weeramantry, with N. R. M. Daluwatte, for the Plaintiff-Respondent.

                 G.