LETCHIMANEN CHETTY v. MUTTUSAMY PILLAI.

 

Present: The Hon.  Sir Joseph T.  Hutchinson,  Chief Justice,

and Mr. Justice Middleton.

 

LETCHIMANEN CHETTY v.  MUTTUSAMY PILLAI.

 

D. C., Colombo, 25,257.

 

    Seizure by Fiscal-Property already in his custody under another writ- What amounts to seizure under another writ-Action under s. 247, Civil Procedure Code-Purchase pending seizure-Invalidity- Civil   Procedure   Code,   ss.   236,   241,   247,   657,   659,   660,   661.

 

Where at the instance of the plaintiff in a case the Fiscal had taken into his custody certain movable property on a mandate of sequestration issued against the property of the defendant in the case, and, where pending such sequestration, another judgment-creditor of the same defendant placed in the hands of the Fiscal a writ against the said defendant's property with a request to seize the sequestered  goods,-

 

Held, that the placing of the writ of execution in the hands of the Fiscal ipso facto amounted, in the circumstances, to a valid seizure of the goods, and a sale of the goods after that by the judgment-debtor was void as against such seizure, under section 236 of

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