KONNEHAMY v. DE SILVA.

KONNEHAMY v. DE SILVA.

D. C, Matara, 779.

 

Evidence-Proof of payments on judgment-debt -Action for moneys over-paid-Civil Procedure- Code, s. 349-Costs.

Where a judgment-debtor sued, his creditor for recovery of moneys overpaid on the decree, held, that it was not competent to him to prove payments except as certified under section 349 of the Civil Procedure Code.

Held also that the costs in the Court below should be taxed as though the proceeding had been not an action, but a petition under section 349.

PLAINTIFF alleged that he was judgment-debtor in D. C. case No. 35,876; that his creditor (who was plaintiff in the latter case and defendant in the present case) recovered from him various sums of money, leaving a balance of only Rs. 486; that, notwithstanding, the defendant sued out a writ of execution for

Rs. 877 and recovered from him the whole of that amount. He now prayed that the defendant might be decreed to pay to plaintiff the sum of Rs. 391 recovered in excess from him by the defendant.

When the plaint was filed defendant took objection that the plaintiff ought to have proceeded by petition under section 349 of the Ci

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