1220
Application for leave to issue execution by one of several persons entitled.
Indian Code, s. 231.
Staying execution on ground of new facts.
0.42 r. 27.
Staying execution.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
(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 6 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, if, 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.
391.-(1) If a judgment has been given jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply to the Court for leave to issue execution on the whole judgment for the benefit of them all, or, where any of them has died, for the benefit of the survivors and of the representative in interest of the deceased person.
(2) If the Court grants such leave, it shall make such order as it may think fit for protecting the interests of the persons who have not joined in the application.
Stay of Execution.
392. No proceeding by audita querela shall hereafter be used; but any judgment debtor may apply to the Court for a stay of execution or other relief against such judgment, on the ground of facts which have arisen too late to be pleaded; and the Court may give such relief and on such terms as may be just.
393. Whenever an action is pending in the Court against a party, execution on who has obtained a previous judgment of the Court, by the person against whom the judgment was given, the Court may, if it appears
previous judgment
1220
Application for leave to issue execu- tion by one of several
persons entitled.
Indian Code, s. 231.
Staying
execution on
ground of new facts.
0.42 r. 27.
Staying
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
(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 6 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 ap- plication 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, if, on a previous application for execution against the same person, the Court has ordered execu- tion 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.
391.-(1) If a judgment has been given jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply to the Court for leave to issue execution on the whole judgment for the benefit of them all, or, where any of them has died, for the benefit of the survivors and of the representa- tive in interest of the deceased person.
(2) If the Court grants such leave, it shall make such order as it may think fit for protecting the interests of the persons who have not joined in the application.
Stay of Execution.
392. No proceeding by auditâ querelâ shall hereafter be used; but any judgment debtor may apply to the Court for a stay of execution or other relief against such judgment, on the ground of facts which have arisen too late to be pleaded; and the Court may give such relief and on such terms as may be just.
393. Whenever an action is pending in the Court against a party, execution on who has obtained a previous judgment of the Court, by the person against whom the judgment was given, the Court may, if it appears
previous judgment
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