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SANGARAPILLAI v. INDO LANKA PROVIDENT INSURANCE CO. LTD.


Sangarapillai V. Indo Lanka Provident Insurance Co., Ltd.,

1948 Present. Howard C.J. and Wijeyewardene S.P.J.
 
SANGARAPILLAI, Appellant, and INDO-LANKA PROVIDENT INSURANCE CO., LTD.,
 Respondent.
 
S. C. 387-D. C. Jaffna, 1,901.

    Civil Procedure-Seizure of immovable property-Prohibitory notice-Wrong description of judgment-debtor-Sale by Fiscal-Is it a nullity ?-Civil Procedure Code, s. 237.
 
On a decree obtained against the plaintiff Company which was then known as the Continental Provident Insurance Society, Ltd., certain property belonging to the Company was seized by the Fiscal. The decree was entered against " the Continental Provident Insurance Company, Ltd., by its Managing Director S. K. Subramaniam of Vathiry, Juffna ". In the prohibitory notice issued by the Fiscal the name of the defendant was given as S. K. Subramaniam of Vathiry although all the other particulars were correctly given. The notice of sale gave all the particulars correctly including the name of the judgment-debtor. The Fiscal's conveyance to the defendant also gave the name of the judgment-debtor correctly. In an action by the plaintiff for declaration of title the District Jud
























































































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