RAHEEM v. YOOSOOF LEBBE.

RAHEEM v. YOOSOOF LEBBE.

D. C., Colombo, 15,363.

Seizure of money deposited in Court-Claims for concurrence-Rights of special mortgagees-Civil Procedure Code, ss. 232 and 352-Power of Collective Court to over-rule its own decision.

The provision in section 352 of the Civil Procedure Code that where assets have been realized by a sale in execution of a decree and more persons than one have prior to the realization applied to the Court in which such assets are in deposit for execution of decrees for money against the same judgment-debtor, the assets shall be divided rateably among all such persons, only affects cases where the competition is between holders of money decrees.

Therefore, where three money decree-holders competed for a sum of money brought into Court, and one of them did not appear to have had a decree in his favour at the time the assets were realized by sale,-

Held, that such a decree-holder was not entitled to concurrence under section 352 of the Civil Procedure Code.

Reading section 352 with section 232, the intention of the Legislature appears to be to preserve the preferential rights of special mortgagees.

Layard, C.J.-

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