Alut-Weleatcharigey Don Elias De Silva vs District Court of Colombo – clr volume 2 page 162_2

In the matter of Alut-Weleatcharigey Don Elias de Silva (Petitioner), the District Court addressed the question of whether a petitioner incarcerated under a civil writ for over 21 days may seek sequestration of his own estate in the district of residence or business prior to incarceration. It was held that, in accordance with Sections 16, 20, and 26 of the Insolvent Estates Ordinance No. 7 of 1853, a petition for sequestration must be filed in the court corresponding to the petitioner’s residence or business in the six months preceding custody. The court further clarified that the petition must be supported by evidence of the required period of confinement, alongside a declaration of insolvency, a statement, a list, and an affidavit establishing a bona fide intention to proceed. The applic