Shaw & Sons V. Suliman Et Al.,

Present: Lyall Grant and Drieberg JJ.

SHAW & SONS v. SULAIMAN et al.

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

    Execution-Property seized by several creditors-Estate declared insolvent -Court orders executor to sell property-Order acquiesced in by creditors-Objection to sale.

Property which formed part of an estate administered by Court in testamentary proceedings, was advertised for sale after it had been seized in execution by several creditors. After notice to all the creditors the Court declaring the estate to be insolvent, stopped the sale and directed the executor to sell the property, and bring the proceeds to the credit of the estate.

Held, that it was not open to a creditor, who had acquiesced in the order to sell, to execute his decree by seizure and sale of the property.

Per DRIEBERG J.-In Ceylon there is no provision by which, on proof that an estate is insolvent, the administration proceedings can be transferred to the Court of Bankruptcy.

APPEAL from an order of the District Judge of Colombo. The facts appear from the judgment of Lyall Grant J.

Croos da Brera, for plaintiffs, appellant.

H. V. Perera (with Ameresek

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