Jayalath Et Al., V. Abdul Razak Et Al.,

1954 Present: Rose C.J. and Sansoni J.

D. S. JAYALATH et al, Appellants, and ABDUL RAZAK et al.,
Respondents

S. C. 65-D. C. (Inty.) Kandy, 2,259

Jurisdiction-Execution of proprietary decree-Right to challenge validity of decree- Civil Procedure Code, ss. 325, 394.

Execution proceedings to enforce a judgment are collateral to the judgment, and no inquiry into the regularity or validity of the judgment can be permitted in such proceedings.

In a suit between A and B, B died pending the action and B's devisees under his last will were substituted in his place. Subsequently decree was entered ordering A to be placed in possession of the premises which were the subject matter of the action. No appeal was filed against the judgment. When the Fiscal tried to execute the decree he was obstructed by C who had become a tenant of the premises under B during the pendency of the action and, later, under B's widow and the other substituted parties. In proceedings taken by the judgment-creditor under section 325 of the Civil Procedure Code it was contended on. behalf of C that the Court had no jurisdiction to enter the decree it did

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