1928 Present: Fisher C. J. and Jayewardene A. J.

SHAW & SONS v. SULAIMAN et al.

69-D. C. (Inty.) Colombo, 25,143.

Concurrence-Seizure of money in Court-Order by attaching Court-Appropriation in pursuance of direction-Civil Procedure Code, ss. 232 and 252.

An execution-creditor, who has seized money lying to the credit of his judgment-debtor in another case, is not entitled to resist a claim for concurrence unless he has obtained, prior to such claim, an order of the attaching Court directing that the money be paid over to itself.

The mere issue of a notice under section 232 does not amount to realization. To shut out a judgment-creditor who applies for execution, realization must have reached the stage of appropriation to another decree-holder.

APPEAL from the order of the District Judge of Colombo.

H. V. Perera, for plaintiff, appellant.

Hayley, K.C (with Navaratnam), for 5th, 6th, and 7th respondents.

H. H. Bartholomeusz (with Rajapakse), for 1st and 2nd defendants, respondents.

July 10, 1928. JAYEWARDENE A. J.-

In this case judgment was entered for the plaintiff for a sum of Rs. 24,007.82 with interest and costs against the defendan