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SAMICHI v. PIERIS


Samichi V. Pieris

1913 Present: Lascelles C.J., Wood Renton and Pereira JJ.

SAMICHI v. PIERIS.

195-D. C. Kandy, 21,328.

Res judicata-Seizure of money due to debtor under a contract-Claim by assignee of contract upheld-Subsequent seizure by same creditor of another sum of money due under same contract-Claim by the same claimant-Civil Procedure Code, ss. 207, 406-Appeal-Seizure of money under s. 232, Civil Procedure Code-Inquiry into claim preferred-No appeal lies against an order in the claim inquiry.

A creditor seized a sum of money which had accrued due to his debtor under a contract. A third party claimed the money as the assignee of all the debtor's rights under that contract, and the creditor consented to the claim being upheld. Thereafter the same creditor seized a further sum of money which had accrued to the same debtor under the contract; the same claimant claimed the money under the same assignment.

Held (per LASCELLES C.J. and WOOD RENTON J.), that the right of the claimant to the money was res adjudicata between the parties, and that it was not open to the creditor to challenge in the subsequent proceedings the claimant's title.

Section 207 an





































































































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