Supramaniam Chetty V. Mohamadu Bhai

Present; Dalton J. and Jayewardene A. J.

SUPPRAMANIAM CHETTY v. MOHAMADU BHAI et al.

193-D. C. (My.) Kandy, 33,020.

    Concurrence-Seizure of money in hands of a public officer-Payment into Court-Seizure under another urrit-Claim to concurrence- Realization of assets-Civil Procedure Code, ss. 350 and 352.

A sum of money in the hands of a public officer -was seized in execution of a writ on August 5, 1925, and a notice was issued to him on August 17 to show cause why he should not pay the money into Court.

On August 31 he was ordered to pay the money into Court, and the money was deposited to the credit of the case on October 10.

The appellants, who had applied for execution against the same judgment-debtor in another Court, obtained writ and seized the said sum of money on August 27, and made a claim for concurrence on October 2.

Held, that the appellants were entitled to claim concurrence.

APPEAL from an order of the District Judge of Kandy. The plaintiff in the action, who had obtained judgment for a sum of Rs. 500, seized on August 5, 1925, a sum of money, which had been deposited by the judgment-debtor with the

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