1228
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Filing of statement of claim, and thereafter.
469. After the issue of the writ, (but subject to the provisions of section 468), the plaintiff may forthwith file his statement of claim, and, upon such day after the return of the writ as the court may appoint, may proceed to establish his claim as in an ordinary action in which there has been due service of the writ of summons and leave has been obtained to proceed ex parte.
H. K. Code, s. 82 (17).
*
Proceedings at trial of action.
470-(1) On the trial of the action, the court shall proceed to inquire and determine whether in fact the plaintiff's case is within the provisions of this Chapter and whether the plaintiff has established his claim, and shall pronounce judgment accordingly; and if the plaintiff obtains judgment, the court may, at the same or any subsequent sitting, examine or permit the plaintiff to examine the garnishee or any other person, and determine what property, movable or immovable, is liable to attachment under the writ.
H. K. Code, s. 82 (18), (21).
(2) If the garnishee, either on such examination or by notice in writing filed in the Registry at any time after the attachment, disputes the liability of the property to attachment, the court may order that any issue or question necessary for determining such liability shall be tried and determined in any manner in which any issue or question in an action may be tried and determined. On such examination and at such trial or determination, the garnishee may be represented by counsel and solicitor.
(3) The court may, at the instance of any person interested in the inquiry or of its own motion, summon any person whom it may think necessary and examine him in relation to such property as aforesaid, and may require the garnishee, as well as any person summoned as aforesaid, to produce all deeds and documents in his possession or power relating to such property.
(4) If the plaintiff obtains judgment, the court may, at the time of pronouncing judgment in favour of the plaintiff or at any subsequent sitting, order that execution shall issue against all or any part of the property attached which the court may have declared to be liable to satisfy the plaintiff's claim; and all the provisions of this Code relating to execution of judgment in an ordinary action shall apply to the execution so ordered.
* As amended by Law Rev. Ord., 1924.
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