Mercantile Credit Limited. v. Sirimawathie and Others – sllr 1996 volume 1 page 346

In the case between Mercantile Credit Limited and Sirimawathie and others, the court addressed the issue of the validity of a judicial sale order following a hire purchase dispute, particularly where statutory procedures prescribed in section 431(2) of the Code of Criminal Procedure were not complied with. It was held that the sale of the disputed vehicle was void due to the failure to conduct proper verification of the registered owner and lack of prescribed public notifications. The principle was reaffirmed that judicial sales cannot confer a good title when based on illegal or procedurally defective processes. Reliance was placed on statutory mandates and natural justice principles, emphasizing the protection of procedural fairness in judicial proceedings and the safeguarding of litigan