+
1230
Application by defendant 'to set aside judgment, etc.
H. K. Code, s. 82 (27).
Saving of rights of bonâ fide
No: 3 of 1901.
CODE OF CIVIL PROCEDURE.
476. The defendant may, at any time within twelve months from the date of judgment, notwithstanding that the property attached, or any part thereof, may have been sold in satisfaction of the plaintiff's claim, apply to the court, upon notice of motion, for an order to set aside the judgment and for the re-trial of the action and for leave to defend the same; and if it appears to the court that the defendant had no notice or knowledge of the action and could not reasonably have made an earlier application to the court, and that he had, at the time of the obtaining of the judgment, and still has, a substantial ground of defence, either wholly or in part, to the action on the merits, it shall be lawful for the court to grant such order on such terms as may seem just.
477. The dissolving of any writ, or the reversal or setting aside of any judgment given under this Chapter or of any subsequent proceedings, shall not affect the title of any bonâ fide purchaser for valuable consideration of any property sold in satisfaction of the plaintiff's claim.
property in case writ dissolved.
H. K. Code, s. 82 (28).
Mode of pre- against
CHAPTER XVIII.
ACTION AGAINST THE GOVERNMENT.
478. Any claim against the Government of the same nature as claims within the provisions of the Petitions of Right Act, 1860, may be preferred in the court in an action instituted by the claimant as plaintiff against the Attorney General as defendant.
Government. H. K. Code, 23 & 24 Vict. c. 34.
s. 83 (1).
**
Commencement of action.
H. K. Code, s. 83 (2).
Consent of Governor, and procedure thereafter.
H. K. Code, s. 83 (3).
+
479. In any such case it shall not be necessary for the plaintiff to issue a writ of summons, but the action shall be commenced by the filing of a statement of claim and the service of a sealed copy thereof on the Crown Solicitor.
480.--(1) On the application of the Crown Solicitor, the Registrar shall deliver to him the original statement of claim for submission to the Governor, whose consent shall be necessary to the continuance of the action. Such consent may be withheld upon such grounds as would justify the Attorney General of England in refusing his fiat.
* For procedure in actions by the Government see No. 5 of 1910.