1951 Present : Dias S.P.J. and Gunasekara J.

KANDIAH, Appellant, and SARASWATHY et al., Respondents

S. C. 288-D. C. Jaffna 4689M

Administration of estate-Right of creditor to follow movable property sold by heir- Applicability of maxim mobilia non habent sequelam-Thesavalamai- Applicability to a given case-Must be specially pleaded-Civil Procedure Code, s. 154-Records of other actions not to be admitted in bulk.

Quaere, whether the principle that a creditor of a deceased person's estate may follow property alienated by an heir applies to movable property.

Per DIAS S.P.J.-There is no presumption of law by which a Court can say, without proof, that the Thesavalamai applies to a particular Tamil who happens to reside in the Jaffna Peninsula. In the absence of such a presumption the burden of proof is on the party who contends that a special law has displaced the general law in a given case to prove the applicability of such special law.

The requirement of section 154 of the Civil Procedure Code should be strictly observed ; when relevant portions of the record of another action are admitted in evidence each of them must be separately ma