ABDUL CADER v. ANNAMALAY

ABDUL CADER v. ANNAMALAY.

D. C., Kandy, 7,816.

 

Civil Procedure Code., s. 247-Action there under-What plaintiff should prove and pray for-Court in which action is to be brought-Form of order in claim inquiry.

Where property seized in execution is claimed, and the claim after investigation is disallowed, and the claimant brings an action under section 247 of the Civil Procedure Code, his prayer in the plaint should be for a declaration that he is entitled to have the property released from seizure, and for an order on the Fiscal to release the same accordingly. If he proves that he was in possession of the property at the time of the seizure, he will be entitled to the declaration and order prayed for, unless the defendant counterclaims for a declaration that he is entitled to have the property seized and sold for payment of his judgment debt, and proves that his judgment debtor is the owner of the property.

Per Bonser, C.J.-The action under section 247 of the Civil Procedure Code need not necessarily be brought in the Court which held the inquiry into the claim. If the value of the property seized does not exceed Rs. 300, the acti

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