Thornton Et Al. V. Emanuel Et Al

1933 Present: Macdonell C.J. and Drieberg J.

THORNTON et al v. EMANUEL et al.

127-D. C. (Inty.) Jaffna, 5,408.

Administration-Estate of person with foreign assets-Power of Ceylon Court to give preference to Ceylon creditors-Concurrence-Seizure of money in administration case-Assets realized in execution-Preference-Civil Procedure Code, s. 352.

Where administration is granted in Ceylon to the estate of a person who was also possessed of assets in a foreign country, which were being administered in that country,-

Held, that the Ceylon Court was not entitled to give priority to creditors in Ceylon unless the foreign court gave preference to creditors of its nationality.

The eleventh respondent obtained judgment in D. C, Colombo, No. 18,082, against the estate of one S for Rs. 16,000. He applied for execution and on April 23, 1928, seized money in deposit in the testamentary case of the District Court of Jaffna, sufficient to meet the claim. The seizure was effected by a notice under section 232 of the Civil Procedure Code to the District Court of Jaffna requesting that the money be held subject to the further orders of the Distr

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