SINNAPPAR v VEERAPODI et. al

SINNAPPAR v VEERAPODI et. al,

D. C., Batticaloa, 21,434.

 

Old decree-Application for execution against property-Civil Procedure Code, 8. 298-Issue of writ of execution against person before return of writ against property-Recall of writ against person-. Effect of order of Supreme Court wade per incuriam.

Section 208 of the Civil Procedure Code does not mean that a writ of execution against the person of the judgment-debtor cannot be issued before a return to the writ against property has been made.

It is competent to the District Court to issue a warrant for the arrest of the judgment-debtor, if before the return to the writ against his property the Court is satisfied that one of the cases (a), (6), (c), and (d) mentioned in section 298 had occurred.

Where a decree was signed in 18S0 and several applications against the property of the debtor were allowed without resulting in satisfaction of the decree, and after an interval of many years a fresh application for the issue of a writ against property was made in 1897 and the District Court refused it; and where the Supreme Court per incuriam set aside that order and allowed writ

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