1938 Present: Maartensz and Hearne JJ.

CADER v. JOONOOS et al.

201-D. C. Colombo, 47,499.

Execution of writ-Demand for payment of debt by Fiscal-Judgment-debtor's place of residence-Civil Procedure, s. 226.
 
Where section 226 of the Civil Procedure directs the Fiscal to repair to the judgment-debtor's dwelling house or place of residence and to require him to pay the amount of the writ, there is a compliance with the provisions of the section if he repairs to the place or residence disclosed by the judgment-debtor himself.

APPEAL from an order of the District Judge of Colombo.

C. Thiagalingam (with him Mahroof ), for appellant.

N. Nadarajah (with him S. J. V. Chelvanayagam), for respondent.

Cur. adv. Vult

February 21,1938. Maartensz J.-

This is an appeal by a purchaser at a sale in execution from an order of the District Judge of Colombo, setting aside the sale on the ground that the Fiscal's Officer did not repair to the dwelling house or residence of the judgment-debtor and require him to pay the amount of the writ before proceeding to execute it as required by section 226 of the Civil Procedure Code.

The judgment-debtor