PERIS v. PERERA.

D. C., Ratnapura, 2,395.

Decree-Revival of-Delay in recovery of judgment-debt-Old procedure- Civil Procedure Code, ss. 2, 5, and 337-Effect of repeal of s. 5 of Ordinance No. 23 of 1871.

The plaintiff, having obtained judgment against the defendant in 1882, took out a writ of execution and recovered a part of his debt in 1883. Nothing was done afterwards in further execution of the decree till 1899, when plaintiff's motion to revive the writ was allowed, without proof of any explanation as to his delay in obtaining satisfaction, as provided by section 337 of the Civil Procedure Code.

Held that, as section 5 of the Ordinance No. 22 of 1871, which created the presumption of satisfaction of judgment, was repealed by the Code without affecting any right which had accrued under that section, and as, at the time when the repeal came into operation in August, 1890, ten years had not elapsed from the date of the decree, the plaintiff's right to have his writ re-issued as a matter of course under the old procedure was conserved to him, and it was not necessary on his part to revive the judgment as a preliminary to his application for the w