David Kannangara vs Central Finance Ltd. – sllr 2004 volume 2 page 311

In the case between David Kannangara (Plaintiff) and Central Finance Ltd. (Defendant), the court addressed whether a claim concerning a vehicle seized by the fiscal under a decree must be made first to the fiscal as per section 241 of the Civil Procedure Code or can be brought directly before the Court. It was held that section 241 does not preclude a party from bringing such a claim directly to the Court, and procedural steps not expressly prohibited are permitted. The judgment also clarified that administrative matters, such as the numbering of applications, do not substantively affect the rights of judgment creditors. The Court determined that the petitioner did not provide evidence establishing a legal entitlement to the seized vehicle, confirming the finance company’s ownership and di