Sri Lanka Consolidated Acts

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Debt Recovery (Special Provinces) Act (No. 2 of 1990) - Sect 14

Resistance deemed to be contempt

14
(1) If the Fiscal be resisted by any person ,while executing a writ referred to in section 13 the Fiscal shall report such resistence to the court and the court shall thereupon issue a notice against the person resisting requiring him to show cause as to why he should not be dealt with for contempt of court occasioned by such resistence.
(2) Any person resisting the Fiscal while executing a writ under this Act shall be deemed to be guilty of contempt of Court and shall be liable to the penalties prescribed for contempt of court by the Judicature Act, No. 2 of 1978 and the Civil Procedure Code (Chapter 101) unless he proves that the property sought to be seized belonged to a person other than the judgment debtor
(3) If the person resisting the Fiscal appears in court and claims that the property sought to be seized by the Fiscal is being held by him on account of any person other than the judgment debtor or person holding under such judgment debtor such person shall be called upon to furnish security for the satisfaction of the decreed turn or such part thereof as the court deer fit in all the circumstances of the ease, in the event of his claim failing or in the discretion of court such person may be allowed to give an undertaking that the property sought to be seized would remain in constructive Fiscal custody until the claim inquiry Is concluded.


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