1918 Present : De Sampayo J.

RUPASINGHE v. FEE NANDO.

35 and 36-C. R. Kalutara, 7,615.

Judgment against a minor-Seizure of property under writ-Claim unsuccessful-Action under s.247, Civil Procedure Code-May unsuccessful claimant attack the judgment sought to be executed as invalid on the ground of minority of defendant?

In an action under section 247 of the Civil Procedure Code by an unsuccessful claimant, the plaintiff and the representatives of the deceased judgment-debtor attacked the validity of the judgment sought to be executed on the ground that the judgment-debtor was a minor.

Held, the judgment entered against the minor, though unrepresented by a guardian, was at most an irregularity, and that it was not. open to a collateral attack. Though the plaintiff was not a party to that action, he cannot attack the judgment in that case in this action under section 247.

THE facts are set out in the judgment.

A. St. V. Jayawardene for plaintiff appellant in appeal No. 35.

Bawa. K.C., for added defendants, appellants in appeal No. 36.

Samarawickreme (with him Weeraratne), for the first defendant, respondent in both appeals.

March 2