1957 Present: Basnayake, C.J., and Pulle, J.

MUDALIGE, Appellant, and WILLIAM SILVA and others, Respondents

S. C. 233-D. C. (Inty.) Colombo, 211026

    Execution of proprietary decree-Decree-Must it contain names of parties?-Sever judgment debtors-0mission of names of some of them in decree-Resistance to execution of decree-Petition to Court complaining of resistance-Duty to name all the judgment debtors as respondents-Civil Procedure Code, 88. 5, 188, 325

There is no requirement in section 188 of the Civil Procedure Code that decree of the District Court should contain the names of the parties to the action. Therefore, even if the names of the judgment debtors are as a matter of practice set out in the decree entered by the Court, any inadvertent omission of the names of some of the judgment-debtors can be supplied by the Judge pro tunc the moment it is brought or comes to his notice.

The plaintiff-appellant obtained judgment against seven defendants, but in the formal decree drawn up by t4e Court against all the defendants the name of only the first four defendants were stated. In the petition filed under section 325 of the Civi