Leelananda v. Mercantile Credit Ltd. – sllr 1988 volume 2 page 417

The case between Leelananda and Mercantile Credit Ltd. addressed the proper computation of the one‑year period under section 347 of the Civil Procedure Code and the compliance with Rule 49 of the Supreme Court Rules. The issue was whether the computation should begin from the date of the valid executable decree (service on 22.02.85) rather than the ex parte judgment date. It was determined that the decree date was the appropriate starting point, negating the requirement for notice under section 347, while strict adherence to Rule 49 was mandatory. The findings established that the application for execution was invalid due to non-compliance with procedural requirements, resulting in the dismissal of the revision application with costs.

Anandacoomaraswamy, J. — It was determined that the

REF: sllr 1988 volume 2 page 417 Category: Tag:
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