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SUPPRAMANIAM CHETTIAR v. WAHID


Suppramaniam Chettiar V. Wahid

1956 Present: T. S. Fernando, J.

SUPPRAMANIAM CHETTIAR,
Appellant, and M. A.
WAHID, Respondent

S. C. 11-C. R. Colombo, 43,869


Execution of decree to pay money-Judgment debtor an employee in a shop or office- Liability of his salary and allowances to be seized in execution-Civil Procedure Code, s. 218 (m)-Amending Act, No. 20 of 1954, has no retrospective effect- Interpretation Ordinance (Cap. 2), s. 6 (3) (b and c).

The amendment of section 218 (TO) of the Civil Procedure Code by Act No. 20 of 1954 exempting from seizure in execution of a decree to pay money the salary and allowances of an employee in a shop or office, if such salary and allowances

do not exceed Rs. 500 per mensem, does not have any retrospective operation so as to deprive a judgment-creditor, who had obtained a decree in his favour before the date on which the amending Act came into force (viz., March 17, 1954), of his right to seize the salary and allowances payable to his judgment-debtor even after the date of the amendment.

APPEAL from an order of the Court of Requests, Colombo.

C. Ranganathan, with S. C. Crossette-Thambiah, for the plaintiff-appellant.

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