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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