1917 Present : Wood Renton C.J. and De Sampayo J.

NAINA v. SEDEMBRAM.

85-D. C. Colombo, 45,538.

    Adjustment of decree-Payment of a portion in pursuance of adjustment -Agreement to accept the balance in monthly instalments-Action for damages for wrongful seizure-Civil Procedure Code, ss. 349, 224, 225.

A judgment creditor sued out execution for the entire decree and seized property of the debtor, concealing from the Court tb.8 fact of an adjustment of the decree, whereby he agreed to accept an immediate payment of Rs. 2,000 and the balance by equal monthly instalments. The Rs. 2,000 were paid in pursuance of the agreement. Neither the payment nor adjustment was certified when execution was issued ; but they were certified later. Under the adjustment the creditor was not entitled to apply for execution at the time he did apply.

Held, that the creditor was liable in damages for wrongful seizure. The certification of the adjustment and the payment of the first instalment related back to the date on which the adjustment and payment were made.

To procure, to the prejudice of any one, maliciously and either by expressio falsi or suppress