Silva vs Uparis – clr volume 3 page 075

In the dispute between the judgment debtor (execution debtor/appellant) and the execution creditor (decree-holder/respondent), the court was called upon to determine whether the act of a decree-holder bidding at an execution sale without obtaining prior sanction from the court, as stipulated by section 272 of the Civil Procedure Code, constituted a material irregularity warranting the setting aside of the sale. The proceedings revolved around allegations of irregularity in the sale process, including inadequate advertisement and sole bidding by the decree-holder, and addressed how statutory requirements under the Ceylon Code aligned with established common law principles regarding execution sales. The court ultimately held that, by established practice and precedent, the mere act of the de