(18 of 1967).
(2) In a case where it is alleged that such an order could have been obtained and would have had effect in respect of such money if it had been due or accruing from a subject the court may on the applica- tion by summons of the judgment creditor make an order restraining the judgment debtor from receiving such money and directing payment by the Crown to the judgment creditor or receiver; and the court may appoint a receiver for that purpose.
(3) No such order shall be made in respect of- (a) wages or salary payable to any officer of the
Crown as such; or
(6) money which is subject to the provisions of any enactment prohibiting or restricting assigning or charging or taking in execution.
(4) Any such Summons shall be served at least four days before the return day on the Crown, and, unless otherwise ordered, on the judgment debtor or his solicitor. Service on the Crown shall be effected by service on the Auorney General in accordance with sections 13 and 14 of the Crown Proceedings Ordinance, 1957.
(s) If the Crown disputes liability, the court may order that any issue or question necessary for determin- ing the Crown's liability be tried or determined in any manner in which any issue or question in an action may be tried or determined. Where it is suggested by the Crown that the debt with reference to which the proceedings are taken belongs to some third person, or that any third person has a claim upon it, the court may order such third person to appear and state the nature and particulars of his claim upon such debt. After hearing any such third person as aforesaid, and any other person whom by the same or any subsequent order the court may require to appear, the court may bar the claim of the third person, or make such other order with respect to his claim as the court thinks fit, upon such terms, in all cases, with respect to the third person's claim (if any), and to costs, as the court thinks just and reasonable.
If the third person does not appear when ordered, the court may exercise any powers which the court might have exercised if he had appeared.
(6) In this rule the expression "judgment debtor" means the person against whom the order for the attachment of debts or receiver could have been obtained as aforesaid, and the expression "judgment creditor" means the person in whose favour it could have been obtained.
18. In rules 15, 16 and 17 the following expres- sions have the following meanings
"order against the Crown" means any order (including an order for costs) made in any civil proceedings by or against the Crown, or in any proceedings Such as in England are taken on the Crown side of the Queen's Bench Division of Her Majesty's High Court of Justice, or in connexion with any arbitration to which the Crown is a party, in favour of any person against the Crown or against & Government department or against an officer of the Crown as such;
"order" includes a judgment, decree, rule, award or
declaration."",
of Order
rule 10.
19. Rule 10 of Order XXIV of the principal ruies is amended Amendment by the deletion of the full stop at the end thereof, and by the XXIV. addition of the following-
"O. 67. c. 10,
Provided that no order shall be made against the Crown under the foregoing provisions of this rule except upon an application by suma1008 served not less than seven days before the return day.".
20. Order XXVIII of the principal rules is amended by the Addition of addition at the end thereof of the following new rule-
"O. 60, T. 224.
Dew Tule
to Order
8. This Order shail have effect subject to rule XXVIII. 17 of Order XV.".
21. The Schedule to the principal rules is amended by- (a) the addition to the Table of Forms of the following-
Certificate of order against the Crown Certificate of order for costs against the Crown
*60*
61.
265 265":
Amendment
of Schedule.