Amendment
of Order
XVII, rulo 2.
Amendment
of Onder
XXIX,
rule 12.
4.
(b) after the expiration of ninety days from the relevant date upon which any party becomes first entitled to the return of exhibits on request under paragraph (a) such exhibits in respect of which no request has been made may be disposed of as the Registrar may direct.”.
Rule 2 of Order XVII of the principal rules is amended by--- (a) being renumbered as paragraph (1) thereof; and (b) the insertion of the following new paragraphs-
“O. 58, r. 14.
**0.47, r. 1.
Schedule, Form 38.
(2) The bailiff shall not be called upon 10 put the party who has obtained the judgment in posses sion of the immovable property unless leave 10 enforce the judgment by the issue of a writ of execution in accordance with Form 38 of the Schedule has first been given by the court or a judge upon application by such party made ex parte and supported by affidavit.
(3) Such leave shall not be given unless it is shown that all persons in actual possession of the whole or any part of the immovable property have received such notice of the proceedings as may be considered sufficient to enable them to apply to the court for relief or otherwise.
(4) Evidence of such leave shall be produced to the Registrar before the issue of a writ of execution in addition to the judgment or order or an office copy thereof required to be produced under paragraph (3) of rule 19.“.
5. Rule 12 of Onder XXIX of the principal rules is amended by the insertion, after paragraph (3), of the following new paragraph-
(4) Without prejudice to the powers of the Full Coun under rule 13 of Order XXXI the period for serving notice of appeal under paragraph (1) may be extended by the court below upon application made before the expiration of that period.”.
Dated this 12th day of March, 1965.
MICHAEL HOGAN,
Chief Justice.
1. C. C. RIGBY, Senior Puisne Judge.
3
A. D. SCHOLES, Puisne Judge.
W. A. BLAIR-Kerr,
Puisne Judge.
G. G. BricGS. Pulme Judge.
K. R. MACERE, Puisne Judge.
ALAN HUGGINS,
Puisne Judge.
ÖSWALD CHEUNG,
Member.
P. C. Woo,
Member.
Pursuant to section 37(6)d) of the Supreme Court Ordinance 1 hereby certify that the foregoing rules have been made by the requisito quorum of the Rules Coromittee under and by virtue of section 37(6) of the Ordinance.
3.c.c. Rugby.
Acting Chief Justice.