CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1231
where
433. (1) If the purchaser of any immovable property sold in execution of a judgment is, notwithstanding the order of the Court, resisted or obstructed in obtaining possession of the property, the provisions of this Chapter relating to resistance or obstruction to the execution of a judgment for immovable property shall be applicable in the case of such resistance or obstruction.
(2) If it appears that the resistance or obstruction to the delivery of possession was occasioned by any person other than the judgment debtor claiming a right to the possession of the property sold as proprietor, mortgagee, lessee, or under any other title, or if, in the delivery of possession to the purchaser, any such person claiming as aforesaid is dispossessed, the Court, on the complaint of the purchaser or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction or of such dispossession, as the case may be, shall inquire into the matter of the complaint and make such order as may be proper in the circumstances of the case.
(3) The person against whom any such order is made shall be at liberty to bring an action to establish his right at any time within 3 months from the date of the order.
434. (1) Where the property sold consists of movable property in the possession of the judgment debtor, or to the immediate possession of which the judgment debtor is entitled, and of which actual seizure has been made, the property shall be delivered to the purchaser.
(2) Where the property sold consists of movable property to which the judgment debtor is entitled subject to a lien or right of any person to the immediate possession thereof, the delivery to the purchaser shall, as far as practicable, be made by the bailiff giving notice to the person in possession prohibiting him from delivering possession of the property to any person except the purchaser.
435. Where the property sold consists of debts, not being negotiable instruments, or of shares in any public company or corporation, the Court shall, on the application of the purchaser, make an order prohibiting the judgment debtor from receiving the debts and his debtor from making payment thereof to any person except the purchaser, or prohibiting the person in whose name the shares are standing from making any transfer of the shares to any person except the purchaser.
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CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1231
where
433. (1) If the purchaser of any immovable property sold in Procedure execution of a judgment is, notwithstanding the order of the Court, resistance is resisted or obstructed in obtaining possession of the property, the offered to provisions of this Chapter relating to resistance or obstruction to the of immovable execution of a judgment for immovable property shall be applicable property sold in the case of such resistance or obstruction.
purchaser
in execution. H. K. Code, s. 78 (13),
(2) If it appears that the resistance or obstruction to the delivery (14). of possession was occasioned by any person other than the judgment debtor claiming a right to the possession of the property sold as proprietor, mortgagee, lessee, or under any other title, or if, in the delivery of possession to the purchaser, any such person claiming as aforesaid is dispossessed, the Court, on the complaint of the purchaser or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction or of such dispossession, as the case may be, shall inquire into the matter of the complaint and make such order as may be proper in the circumstances of the case.
(3) The person against whom any such order is made shall be at liberty to bring an action to establish his right at any time within 3 months from the date of the order.
movable pro-
434. (1) Where the property sold consists of movable property Delivery to in the possession of the judgment debtor, or to the immediate purchaser of possession of which the judgment debtor is entitled, and of which actual seizure has been made, the property shall be delivered to the purchaser.
(2) Where the property sold consists of movable property to which the judgment debtor is entitled subject to a lien or right of any person to the immediate possession thereof, the delivery to the purchaser shall, as far as practicable, be made by the bailiff giving notice to the person in possession prohibiting him from delivering possession of the property to any person except the pur- chaser.
perty sold in
execution. [ib. s. 78 (6), (7).]
order in case of debts and
shares sold
in execution. [ib. s. 78
435. Where the property sold consists of debts, not being Prohibitory negotiable instruments, or of shares in any public company or corporation, the Court shall, on the application of the purchaser, make an order prohibiting the judgment debtor from receiving the debts and his debtor from making payment thereof to any person (10).] except the purchaser, or prohibiting the person in whose name the shares are standing from making any transfer of the shares to any
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