CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1207
shall be necessary in consequence of the application being against the legal representative of an original party, if, on a previous application for execution against the same person, the court has ordered execution to issue against him.
(3) When such notice is issued, if the person to whom it is issued does not appear, or does not show sufficient cause, to the satisfaction of the court, why the judgment should not be forthwith executed, the court may, if it is satisfied that the party applying is entitled to execution, order the judgment to be executed accordingly. If the person to whom the notice is issued appears and offers any objection to the execution of the judgment, the court shall make such order as in the circumstances of the case may seem just.
for leave to
391.—(1) If a judgment has been given jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply to the court for leave to issue execution on the whole judgment for the benefit of them all, or, where any of them has died, for the benefit of the survivors and of the representative in interest of the deceased person.
(2) If the court grants such leave, it shall make such order as it may think fit for protecting the interests of the persons who have not joined in the application.
Stay of execution.
s. 231.
392. No proceeding by auditâ querelâ shall hereafter be used; but any judgment debtor may apply to the court for a stay of execution or other relief against such judgment, on the ground of facts which have arisen too late to be pleaded; and the court may give such relief and on such terms as may be just.
393. Whenever an action is pending in the court against a party, who has obtained a previous judgment of the court, by the person against whom the judgment was given, the court may, if it appears just and reasonable to do so, stay execution of the judgment, either absolutely or on such terms as may seem just, until judgment has been given in the pending action.
Issue of execution.
H. K. Code, s. 72 (3).
394.—(1) On the application of the person who has obtained any judgment, the Registrar shall, subject to the provisions of this Code, issue the proper writ for the execution of the judgment.