Mohamed v. Ceylon Knitwear Industries Ltd. – sllr 1999 volume 1 page 337

In Mohamed v. Ceylon Knitwear Industries Ltd, the court addressed whether an application for renewal of a writ of execution under section 337 of the Civil Procedure Code was valid when made after the statutory ten-year limit from the date of the original decree. It was held that such an application, made outside this period and not based on grounds of fraud or force, was not maintainable. The case reaffirmed the principle that execution or renewal of writs must conform strictly to statutory time limitations, as set out under section 337 and established by precedent cases including Peries v. Cooray and Haji Omar v. Bodhidasa. The decision emphasizes that compliance with prescribed statutory periods serves as an essential safeguard, and applications presented beyond such periods must be refu

REF: sllr 1999 volume 1 page 337 Category: Tag:
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