A 180
[Subsidiary]
L.363/90
CAP. 4] The Rules of the Supreme Court-Order 46 [1988 Ed.
(2) Before such a writ is issued a praecipe for its issue must be filed.
(3) The praecipe must be signed by or on behalf of the solicitor of the person entitled to execution or, if that person is acting in person, by him.
(4) No such writ shall be sealed unless at the time of the tender thereof for sealing-
(a) the person tendering it produces--
(i) the judgment or order on which the writ is to issue, or an office copy thereof,
(ii) where the writ may not issue without the leave of the Court, the order granting such leave or evidence of the granting of it; and
(b) the Registrar is satisfied that the period, if any, specified in the judgment or order for the payment of any money or the doing of any other act thereunder has expired.
(5) Every writ of execution shall bear the date of the day on which it is issued.
Duration and renewal of writ of execution (O. 46, r. 8)
8. (1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months beginning with the date of its issue.
(2) Where a writ has not been wholly executed the Court may by order extend the validity of the writ from time to time for a period of 12 months at any one time beginning with the day on which the order is made, if an application for extension is made to the Court before the day next following that on which the writ would otherwise expire or such later day, if any, as the Court may allow.
(3) Before a writ the validity of which has been extended under paragraph (2) this rule is executed either the writ must be sealed with the Seal of the Court showing the date on which the order extending its validity was made or the applicant for the order must serve a notice (in Form No. 71 in Appendix A), sealed as aforesaid, on the bailiff to whom the writ is directed informing him of the making of the order and the date thereof.
(4) The priority of a writ, the validity of which has been extended under this rule, shall be determined by reference to the date on which it was originally delivered to the bailiff.
(5) The production of a writ of execution, or of such a notice as is mentioned in paragraph (3), purporting in either case to be sealed as mentioned in that paragraph, shall be evidence that the validity of that writ or, as the case may be, of the writ referred to in that notice, has been extended under this rule.
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