1960 Present : Basnayake, C.I., and H. N. G. Fernando, J.

RATWATTE, Appellant, and ABDUL AZEEZ,
Respondent

S. C. 8 - D. C. Kandy, 4693/MS

Civil Procedure Code-Subsequent application for execution of decreer-Conditions necessary for granting it-Application for writ more than one year after decree Effect of failure to serve notice on debtor-Section 224, 337. 347.

Where a subsequent application in terms of section 337 of the Civil Procedure Code is made for the execution of a decree. the Court has no power to grant the application unless it is satisfied that on the last preceding application due diligence was used to procure complete satisfaction of the decree or that execution was stayed by the decree-holder at the request of the judgment debtor.

Quaere, whether where one year has elapsed from date of decree. non-compliance with the requirement of section 347 of the Civil Procedure Code that a copy of the application for execution should be served on the judgment debtor an invalidate an execution sale which has already taken place.

APPEAL from a judgment of the District Court, Kandy.

B. S. C. Ratwatte, for Defendant-Appellant.

M.