Sri Lanka Consolidated Acts

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Debt Recovery (Special Provinces) Act (No. 2 of 1990) - Sect 15

Alienation of property by judgement debtorafter Institution of action

15.
(1) Whenever an action is instituted under this Act the same shall be entered in a special register maintained by court substantially in the form set out in the Second Schedule to this Act.
(2) Where the defendant or his representative in interest alienates any movable or immovable property or otherwise disposes of same in any manner whatsoever after the decree nisi such alienation shall be null and void and of no force or effect in law and shall be open to seizure in whosever’s hands such property may be :
(3) The Registrar of the court shall in addition to the register to be maintained under this section maintain also an index of the names of the defendants against whom actions have been filed under this Act and such index shall be in alphabetical order.
(4) Such register and index shall be open to public inspection and entries therein shall constitute prima facie notice to the public.
(5) All claims to property seized by whomsoever made shall be disposed of in the same action and a decision on such claim shall be a bar to the institution of any other action for the recovery of any property seised or to establish any right to such property or to have the same declared liable to be sold in execution of the decree in favour of the institution.
(6) Nothing in subsection (2) applies to money or currency notes in the hands of a bona fide holder to whom they have passed in circulation, or to negotiable instrument in the hands of bona fide holder for value or shall be deemed to effect -.section 22 and 23 of the Sale of Goods Ordinance, of the rights of any holder in good faith for consideration of any document of title which by law passes the ownership of goods to which it relates by endorsement or delivery of the liability of a person to whom a debt or charge is transferred, or the right of a person who holds property under a title declared indefeasible by statute or of his successor in title.


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