Gunewardane vs Jayasundera – clr volume 1 page 085

In the case between a mortgagee-plaintiff and the mortgagors, with the non-joining co-mortgagee named as a party defendant, the court addressed whether a mortgagee is entitled to sue individually for recovery of the full mortgage debt when the co-mortgagee refuses to join, pursuant to section 17 of the Civil Procedure Code. It was held that such an action is permissible by joining the non-consenting mortgagee as a defendant, and the plaintiff is entitled to claim the full mortgage amount. However, this is subject to the mortgagors’ right to assert appropriate defenses and safeguard their interests. The court further determined that the action should be remanded to the District Court for resolution of outstanding factual issues and allowed the plaintiff to amend the plaint if necessary. Thi