Estoppel—Per rem judicatam—Issue estoppel— Party on appeal contending nonservice
of hearing notice on him contrary to order of trial court—Appellate court making
definite finding on issue—Whether party estopped from raising same issue in
subsequent suit on same subject-matter—Whether in absence of rebutting evidence
certificate of service prima facie proof of service.
Execution—Property liable to execution—Failure to exhaust goods—Judgment debt
unpaid—Attachment and sale of house by judgment creditor without first exhausting
goods—Attachment of house invalid only when creditor knows debtor has sufficient
movables—Duty of debtor on attachment of his immovable property—Whether
creditor obliged to investigate debtor's movables before attaching immovable
property—Effect of non-compliance with provisions of Order 42, r. 46 of L.N. 140A on
sale—High Court (Civil Procedure) Rules, 1954 (L.N. 140A), Orders 42, r. 46 and 51,
r. 18.
Execution—Property liable to execution—Failure to exhaust goods—Judgment debt
unpaid—Attachment of immovable property in satisfaction of debt—Suspension of
execution on filing of application for stay of execution by judgment debtor—Failure of
judgment debtor to raise issue of non-compliance with Order 42, r. 46 during
intervening period and before sale to bona fide purchaser—Whether judgment debtor
estopped from raising issue—L.N. 140A, Order 42, r. 46.