43. Section 350 of the principal enactment is hereby repealed and the following new section substituted therefor: -
| 350.
| | (1) Money, which in the course of an action or in satisfaction of a decree has been paid into and received by the court shall be paid out to the person entitled to the same, on his ex parte application. | | |
| | (2) Where-
| | | (a) before money realized in execution of a decree, other than money received or seized by the Fiscal from the judgment-debtor in payment of the amount of the writ before the sale in execution of any property belonging to him or being current coin or currency notes seized by the Fiscal, is paid to the decree- holder in the action in which the execution issued, or |
| (b) before money other than money realized in execution of a decree is paid to a judgment-creditor seizing such money- |
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| | (3) Before the court makes order under the preceding subsection, notice shall be given to the parties to the action and all persons whose claims have been notified to court under that subsection that the court will on a day to be specified in the notice proceed to hear and determine the claims to the money in court. | | |
| | (4) On the day so specified or on some other day to which the court may for sufficient cause adjourn the hearing, the court shall proceed to hear and adjudicate upon the claims made and make such order as the justice of the case may require, or the court may, if in its opinion any claim cannot be conveniently heard and adjudicated upon, refer the parties to a separate action and may continue to hold the money or any part thereof pending the decision of the separate action.". | | |
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Sri Lanka Consolidated Acts