1930 Present: Fisher C.J. and Drieberg J.

KANAGASABAI v. KASINATHAR.

 236-D. C. Jaffna, 17,738.

Civil warrant-Issue of warrant against judgment-debtor-Voluntary surrender -Application for discharge-Civil Procedure Code, s. 311.

A judgment-debtor, for whose arrest a warrant is issued and who surrenders voluntarily, is entitled to be discharged under section 311 of the Civil Procedure Code before committal.

APPEAL from an order of the District Judge of Jaffna.

Subramaniam, for plaintiff, appellant.

N. E. Weerasooria, for defendant, respondent.

January 31, 1930. DRIEBERG J.-

In this case, after unsuccessful endeavours to realize the amount of the decree by writ against the property of the respondent, the judgment-debtor, the appellant obtained issue of warrant of arrest of the respondent.

After issue of the warrant, but before the returnable date, the respondent appeared in Court and filed papers as required by section 306 of the Civil Procedure Code for his discharge. The journal entries do not show that he applied in person, but the District Judge speaks of his coming into Court.

The District Judge made order under section 30