MOHIDIN v. NALLE TAMBY

MOHIDIN v. NALLE TAMBY.

D. C., Kandy, 9,256.

Warrant of arrest-" Court," meaning of, at used in t. 298, Civil Procedure Code-Committal and discharge of judgment-debtor-Order made in hit absence, and not in Court-" Chambers," what it includes-Power of District Judge to re-issue warrant of arrest or issue fresh warrant.

Under section 298 of the Civil Procedure Code a judgment-debtor when arrested on a warrant of arrest should be brought before the Court

Held by BONSER, C. J., and Withers, J. that the word "court" there meant the place where the Judge was empowered to act judicially, and was in fact so acting.

Held further, that a District Judge had no power to order the committal or release of a judgment-debtor arrested on a warrant when he had not the debtor before him.

Per  BONSER, C. J..-A District Judge cannot ordinarily exercise his judicial functions elsewhere than in open Court.

Per Lawrie, J.-(1) An order of commitment or release of a civil prisoner is a judicial act which can competently be done in chambers, and "chambers" includes the Judge's own house, if it is situated in the town where his Court is.

(2) Where a Judge finds that he was in error in discharging a judgment-debtor arrested on a warrant of arrest, and that the creditor had used due diligence in the conduct of the warrant, he may issue a fresh warrant or re-issue the old one.

THE  facts of the case sufficiently appear in the judgments of  their Lordships.

Dornhorst, for appellant.

1st April, 1896. Withers, J.

The facts of this case appear to be as follows :

On the 19th August, 1895, the District Judge, on the appli­cation of the proctor for the execution-creditor, ordered a warrant for the arrest of the judgment-debtor, on condition of a sum of Rs. 40 being deposited for the subsistence of the debtor from the time of his arrest till he could be brought before the Court.

That condition was fulfilled, and on the 23rd of September following the warrant of arrest was issued.

According to a journal entry in the record, dated the 23rd November (following), the Deputy Fiscal of Trincomalee produced the body of the judgment-debtor arrested under the warrant, and the Judge made and signed an order committing the debtor to prison.

The same day the District Judge made and signed an order March 27 and April1 discharging the judgment- debtor, the reason for his doing so being that the stamp for commitment was not supplied.

 on the 29th January, 1896, the execution-credito

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