A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
727
obstruction was occasioned by the judgment debtor or by some person at his instigation, on the ground that the property is not included in the judgment or on any other ground, the Court shall inquire into the matter of the complaint, and shall make such order as in the circumstances of the case may seem just.
(4.) If on the investigation the Court is satisfied that the resistance or obstruction complained of was without any just cause, and that the person who has obtained the judgment is still resisted or obstructed in obtaining effectual possession of the property adjudged to him by the judgment, by the judgment debtor or by some person at his instigation, the Court may, at the instance of the person who has obtained the judgment and without prejudice to any proceedings to which the judgment debtor or such other person may be liable for such resistance or obstruction, commit the judgment debtor or such other person to prison for such period, not exceeding thirty days, as may be necessary to prevent the continuance of such resistance or obstruction.
(5.) If on the investigation it appears to the Court that the resistance or obstruction complained of was occasioned by any person, other than the judgment debtor, claiming bonâ fide to be in possession of the property on his own account or on account of some person other than the judgment debtor, the claim shall be numbered and registered as an action between the person who has obtained the judgment as plaintiff and the claimant as defendant; and the Court shall, without prejudice to any proceedings to which the claimant may be liable for such resistance or obstruction, proceed to investigate the claim in the same manner and with the like powers as if an action for the property had been brought by the person who has obtained the judgment against the claimant, and shall make such order for staying execution of the judgment, or for executing the same, as in the circumstances of the case may seem fit.
other than
debtor
possess him
897.-(1.) If any person other than the judgment debtor is dispossessed of any immovable property in execution of a judgment, and such person disputes the right of the person who has obtained the judgment to dispossess him of such property under the judgment on the ground that the property was bonâ fide in his possession on his own account or on account of some person other than the defendant, and that it is not included in the judgment or, if it is included in the judgment, that he was not a party to the action in which the judgment was given, he may apply to the Court within one month from the date of such dispossession. s. 75 (5.)
(2) If, after such investigation of the facts of the case as it may think proper, it appears to the Court that there is probable cause for making the application, the application shall be numbered and registered
A
right to dispossess of immovable property under judgment.
H. K. Code,