CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1221
pending be-
just and reasonable to do so, stay execution of the judgment, either absolutely or on such terms as may seem just, until judgment has been given in the pending action between the same parties. H. K. Code, s. 72 (3).
Issue of Execution.
394.-(1) On the application of the person who has obtained any judgment, the Registrar shall, subject to the provisions of this Code, issue the proper writ for the execution of the judgment.
(2) Every writ of execution shall bear date of the day on which it is issued. O. 42 r. 14.
395. All writs of execution shall be issued in the order of application for the same, unless the Court otherwise directs.
396.-(1) If, in the execution of a judgment for immovable property, the bailiff is resisted or obstructed by any person, the person who has obtained the judgment may apply to the Court at any time within one month from the time of such resistance or obstruction.
(2) The Court shall thereupon fix a day for investigating the complaint, and shall summon the person against whom the complaint is made to answer the same.
(3) If on the investigation it appears to the Court that the resistance or obstruction was occasioned by the judgment debtor or by some person at his instigation, on the ground that the property is not included in the judgment or on any other ground, the Court shall inquire into the matter of the complaint, and shall make such order as in the circumstances of the case may seem just.
(4) If on the investigation the Court is satisfied that the resistance or obstruction complained of was without any just cause, and that the person who has obtained the judgment is still resisted or obstructed in obtaining effectual possession of the property adjudged to him by the judgment, by the judgment debtor or by some person at his instigation, the Court may, at the instance of the person who has obtained the judgment and without prejudice to any proceedings to which the judgment debtor or such other person may be liable for such resistance or obstruction, commit the judgment debtor or such other person to prison for such period, not exceeding 30 days, as may be necessary to prevent the continuance of such resistance or obstruction.
Execution of Judgment for Immovable Property.
Lib. s. 75 (1).
Form 29.
Page 90
Page 91
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1221
pending be-
just and reasonable to do so, stay execution of the judgment, either where action absolutely or on such terms as may seem just, until judgment has tween same been given in the pending action.
Issue of Execution.
parties. H. K. Code,
s. 72 (3).
date of writ.
394.-(1) On the application of the person who has obtained any Issue and judgment, the Registrar shall, subject to the provisions of this Code, [ib. s. 74.] issue the proper writ for the execution of the judgment.
(2) Every writ of execution shall bear date of the day on which it 0.42 r. 14. is issued.
395. All writs of execution shall be issued in the order of applica- Order of tion for the same, unless the Court otherwise directs.
396.-
issue of writs. H. K. Code, s. 72 (8),
where re-
Execution of Judgment for Immovable Property.
(1) If, in the execution of a judgment for immovable pro- Procedure perty, the bailiff is resisted or obstructed by any person, the person sistance is who has obtained the judgment may apply to the Court at any time offered to within one month from the time of such resistance or obstruction.
execution of judgment for immovable
(2) The Court shall thereupon fix a day for investigating the com- property. plaint, and shall summon the person against whom the complaint is lib. s. 75 (1)- made to answer the same.
(3) If on the investigation it appears to the Court that the resistance or obstruction was occasioned by the judgment debtor or by some person at his instigation, on the ground that the property is not included in the judgment or on any other ground, the Court shall inquire into the matter of the complaint, and shall make such order as in the circumstances of the case may seem just.
(4) If on the investigation the Court is satisfied that the re- sistance or obstruction complained of was without any just cause, and that the person who has obtained the judgment is still resisted or obstructed in obtaining effectual possession of the property ad- judged to him by the judgment, by the judgment debtor or by some person at his instigation, the Court may, at the instance of the person who has obtained the judgment and without prejudice to any proceedings to which the judgment debtor or such other person may be liable for such resistance or obstruction, commit the judgment debtor or such other person to prison for such period, not exceeding 30 days, as may be necessary to prevent the continuance of such resistance or obstruction.
(4).] form 29.
Page 90Page 91
No comments yet.
Private notes are available after approval.