DE SILVA v. DE SILVA et al.

DE SILVA v. DE SILVA et al.

D. C, Colombo, 5,941.

 

Civil Procedure Code, ss. 217, 287, 323, 325, and 326-Obstruction to Fiscal, delivering possession of land, sold under a money decree- Commitment to jail of the person obstructing-Distinction between " decree " and " order "-Jurisdiction of Police Court to deal with such obstruction under s,, 185 of the Ceylon Penal Code.

Resistance or obstruction to the delivery of possession, ordered by the District Court under section 287 of the Civil Procedure Code. to be made to a purchaser of land sold by Fiscal in execution of a money decree, is not an offence that could be summarily dealt with by that Court under sections 325 and 326 of the Code.

Per lawrie, J. Such resistance or obstruction could be dealt, with more rapidly in the Police Court under section 185 of the Ceylon Penal Code than under section 326 of the Civil Procedure Code.

PLAINTIFF, having obtained a money decree against the defendants, purchased a land seized and sold by the Fiscal in execution of it. She obtained an order of Court under section 287 of the Civil Procedure Code for delivery of possession thereof to he

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