1901_CODE_OF_CIVIL_PROCEDURE — Page 74

AD. 1901.]

CODE OF CIVIL PROCEDURE.

person.

[No: 3.

725

hall be signed by or in the name of the solicitor of the party issuing it, or by the party issuing it, if he does so in

388. The Registrar, on receiving any application for execution con- aining the particulars herein before mentioned, shall make a note of the application and of the date on which it is made.

889. The Registrar may at any time take the direction of the Court to any application for execution and in the meanwhile refuse to

the writ.

Application for Leave to issue Execution.

390.-(1.) In the following cases, namely,-

issue

Making note of application

for execution. H. K. Code,

Taking direc- §. 72 (6.)

Court as to application. ĺb. 8. 72 (7.)

tion of the

issue execution

Application for leave to

in certain cases, and

thereon.

(a.) where six years have elapsed since the judgment, or any change has taken place by death or otherwise in the parties entitled or liable to execution; (6.) where a husband is entitled or liable to execution upon a judg- proceedings

ment for or against his wife (c.) where a party is entitled to execution upon a judgment of

assets in futuro; and

*

(d) where a party is entitled to execution against any of the shareholders of a joint stock company upon a judgment recorded against a public officer or other person representing such com- pany,

the party alleging himself to be entitled to execution may apply to the Court for leave to issue execution accordingly.

(2.) The Court shall thereupon issue a notice to the person against whom execution is applied for, requiring him to show cause, within a limited period to be fixed by the Court, why the judgment should not be executed against him: Provided that no such notice shall be necessary in consequence of an interval of more than six years having elapsed since the judgment, if the application is made within one year from the date of the last order obtained on any previous application for execution: Provided, also, that no such notice shall be necessary in consequence of the application being against the legal representative of an original party, it on a previous application for execution against the same person, the Court has ordered execution to issue against him.

(3.) When such notice is issued, if the person to whom it is issued does not appear, or does not show sufficient cause, to the satisfaction of the Court, why the judgment should not be forthwith executed, the Court may, if it is satisfied that the party applying is entitled to execution, order the judgment to be executed accordingly. If the person to whom the notice is issued appears and offers any objection to the execution of the judgment, the Court shall make such order as in the circumstances of the case may seem just.

· Ib. a. 73. 0.42 r. 23.

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Repeated by Grd.36/11 § 117