814
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
property attached.
H.K. Code, s. 82 (23).
Staying proceedings against garnishee.
H.K. Code, s. 82 (24).
Giving leave to defendant to defend action.
H.K. Code, s. 82 (25).
Application by defendant to dissolve attachment.
H.K. Code, s. 82 (26).
Application by defendant to set aside judgment, etc.
H.K. Code, s. 82 (27).
Saving of rights of bonâ fide purchaser of property attached.
make such orders for the ascertaining of their respective rights and for the custody of the property in the meanwhile as it may think fit, either under this Chapter or under the provisions of this Code relating to claims to attached property or to interpleader proceedings.
473. The court may stay proceedings in any action commenced against a garnishee under the provisions of this Chapter in respect of property attached in his hands, on such terms as may seem just.
474. The court at any time before judgment, on being satisfied by affidavit or otherwise that the defendant has a substantial ground of defence, either wholly or in part, to the action on the merits, may give leave to the defendant to defend the action, without prejudice to the attachment under the writ.
475. The defendant may, at any time before any property attached in the action has been sold in satisfaction of the plaintiff's claim, apply to the court, upon notice of motion, for an order to dissolve the writ as to the whole or any part of the property attached, on security being given to answer the plaintiff's claim, and the court may make such order, either absolutely or on such terms as may seem just, and in the meanwhile may stay or postpone any sale.
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...
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