1916 Present : Schneider A.J.

NADAR v. NADAR.

292-C. R. Chilaw, 16,726.

Warrant for arrest of judgment-debtor-Issued before writ of execution against property was issued-Civil Procedure Code, s. 298.

A warrant in execution of a decree cannot issue unless a writ against property had issued previously.

THE facts are set out in the judgment.

C. H. Z. Fernando, for defendant, appellant.-The case is covered by authority. It was held in several cases that a writ cannot be issued against the person before writ is issued against property. See Soysa v. Soysa;2 Meera Saibo v. Samaranayaka;3 Sinnapper v. Veerapodi;4 Costa v. Perera.5

Balasingham, for plaintiff, respondent.-The words in section 298 of the Civil Procedure Code " if before the return to the writ of
 
2 (1892) 1 S. C. R. 28.
3 (1896) 1 N. L .R 342.
4 (1898) 3 N. L .R 254.
5 (1913) 17 N. L .R 319.

execution " indicate only a point of time. A plaintiff may obtain warrant of arrest before judgment on the ground set out in section 298 (d). It would be strange, indeed, if the law is that after judgment he cannot apply for warrant of arrest against his judgment-debtor before first applying for