Shell Transport Company V. Dissanayake

Present: Bertram C. J. and Garvin J.

SHELL TRANSPORT COMPANY v. DISSANAYAKE.

160-D. C. (Inty. ), Colombo, 10, 753.

Civil warrant-Application for writ-Appeal pending-Stay of execution -Notice to judgment-debtor of application for warrant-Civil Procedure Code, s. 763.

Where an application for the execution of a money decree had been granted, and the Fiscal had made a return of "no property, " a warrant for the arrest of the judgment-debtor may be issued without notice to him.

It is not competent to a Court to refuse a warrant for the arrest of a judgment-debtor merely on the ground that the latter has preferred an appeal against the decree.

APPEAL from an order of the District Judge of Colombo disallowing an application for a warrant of arrest of a judgment-debtor. The plaintiff, appellant, obtained judgment on July 30, 1924. On the following day he applied for execution of the decree, and a writ was issued to the Fiscal. To this writ the Fiscal made a return dated August 22, 1924, that he was unable to.

find any property of the judgment-debtor. In the interval between. the issue of the writ and the return, the defend

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