Seena Soona Vana & Co. V. Assignee Of Insolvent Case Of Segu Mohamadu

Present: Lyall Grant J. and Maartensz A.J.    1929

SEENA SOONA VANA & CO. v. ASSIGNEE OF INSOLVENT CASE OF SEGU MOHAMADU.

126-D. C. (Inty.) Colombo, 30,964.

Insolvency-Seizure of money in Court-Adjudication of judgment-debtor as insolvent-Attachment of money-Payment to judgment-creditor-Ordinance No. 7 of 1863, ss. 56 and 111.

Where money, lying in Court to the credit of a person, is seized in execution of a decree against him in another action, such seizure will not be effective against an assignee in insolvency of the judgment-debtor until the money is drawn by the attaching creditor.

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

Thiagalingam (with Rajapakse), for appellant.

Weerasooria, for respondent.

October 18, 1929. MAARTENSZ A.J.-

The plaintiff in this action sued the defendant for the recovery of a sum of Rs. 1,039.41 and obtained judgment on February 18, 1929.
On a writ issued the same day the Fiscal forwarded a written notice under section 229 of the Civil Procedure Code to the District Judge of Colombo to withhold from paying th

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