Fernando, A.C. Et Al. V. M. Thambiraja

1945 Present : Jayetileke J.

H. C. FERNANDO et al., Appellant, and M. THAMBIRAJA,
Respondent.

237-C. R. Negombo, 45,321.

Execution-Application for writ more than one year after decree-Notice to   defendant-Application by petition-Civil Procedure Code, s. 347.

Where more than one year has elapsed between the date of the decree  and the application for its execution the failure to give the defendant notice of the application for writ renders the execution proceedings void and of no effect.

The provisions of section 347 of the Civil Procedure Code requiring application by petition and notice of it to the defendant must be strictly followed.

APPEAL from an order of the Commissioner of Requests, Negombo.

D. S. L. P. Abeyesekere for defendants, appellants.

S. N. Rajaratnam (with him S. P. M. Rajendram) for the respondents.

Cur. adv. vult.

February 9, 1945. JAYETILEKE J.-

This is appeal by the defendant from an order dismissing her application to have a sale held by the Fiscal set aside. On September 2, 1942, the plaintiff obtained a decree against the defendant for a sum of Rs. 45 and costs payable by monthly instalments of

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