Mohideen V. The Proprietors Of The Kellie Group

1915. Present   : Wood Renton C.J. and De Sampayo A.J.

MOHIDEEN v. THE PROPRIETORS OF THE KELLIE GROUP

148-C. R. Gampola, 1,501.

Seizure of movables-Action in the Court of Requests under s. 247 of the Civil Procedure Code by judgment-creditor-Does an appeal lie against a finding of fact without the leave of the Court ?

In an action in the Court of Requests, under section 247, that certain movable properties seized in execution are liable, to be seised and sold under the plaintiff's writ, there is no appeal against a finding of fact without the leave of the Court.

THE facts appear from the judgment.

F. J. de Saram, for plaintiff, appellant.

Bartholomeusz, for defendants, respondents.

Cur. adv. vult.

June 30, 1915. WOOD RENTON C.J.-

When this case came up before me last week, counsel for the plaintiff-appellant claimed that, as the action was one under section 247 of the Civil Procedure Code, he was entitled, without leave, to argue the appeal on the facts as well as on the law, inasmuch as this Court had held in 118-C. R. Matara, 8,050,1[S. C. Mins., June 11, 1915.] that such an action as this is not a " dema

Click Here to Read the rest of this document