Colombo Stores, Ltd. V. Silva

Present: Bertram C.J. and Schneider J.

COLOMBO STOKES, LTD., v. SILVA.

89-D. C. (Inty.), Colombo, 2,034.

Civil Procedure Code, s. 284-May execution-creditor apply to set aside sale on the ground that the debtor had no saleable interest-Construction of Statutes-Proviso.

An execution-creditor who purchases property at the execution sale may apply under section 284 of the Civil Procedure Code that the sale be set aside on the ground that the judgment-debtor had no saleable interest therein.

Words are not to be read into an enactment, which are not to be found there, and which would alter its operative effect, because of. provisions found in a proviso.

THE facts are set out in the judgment.

Choksy, for the appellant.

E. G. P. Jayetilleke, for the respondent.

July 17, 1924. Bertram C.J.-

This case raises an important point of procedure, namely, whether section 284 of the Civil Procedure Code, which authorizes a purchaser in execution sale to apply by petition in summary procedure to set aside the sale on the ground that the person whose property purported to be sold had no saleable interest therein, applies to a case in which th

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