1912_CODE_OF_CIVIL_PROCEDURE — Page 91

HK Historical Laws 香港歷史法例 All AI Reviewed

1222

No. 3 of 1901.

Procedure where person other than judgment debtor disputes right

CODE OF CIVIL PROCEDURE.

(5) If on the investigation it appears to the Court that the resistance or obstruction complained of was occasioned by any person, other than the judgment debtor, claiming bonâ fide to be in possession of the property on his own account or on account of some person other than the judgment debtor, the claim shall be numbered and registered as an action between the person who has obtained the judgment as plaintiff and the claimant as defendant; and the Court shall, without prejudice to any proceedings to which the claimant may be liable for such resistance or obstruction, proceed to investigate the claim in the same manner and with the like powers as if an action for the property had been brought by the person who has obtained the judgment against the claimant, and shall make such order for staying execution of the judgment, or for executing the same, as in the circumstances of the case may seem fit.

297.-(1) If any person other than the judgment debtor is dispossessed of any immovable property in execution of a judgment, and such person disputes the right of the person who has obtained the judgment to dispossess him of such property under the judgment on the ground that the property was bonâ fide in his possession on his own account or on account of some person other than the defendant, and that it is not included in the judgment or, if it is included in the judgment, that he was not a party to the action in which the judgment was given, he may apply to the Court within one month from the date of such dispossession.

him of immovable property under judgment.

s. 75 (5).

Effect of decision

(2) If, after such investigation of the facts of the case as it may think proper, it appears to the Court that there is probable cause for making the application, the application shall be numbered and registered as an action between the applicant as plaintiff and the person who has obtained the judgment as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if an action for the property had been brought by the applicant against the person who has obtained the judgment.

398. The decision of the Court under the provisions contained in either of the last two sections shall be given in a summary manner and shall be of the same force and effect as a judgment in an ordinary action; and no fresh action shall be entertained between the same parties or persons claiming under them in respect of the same cause of action.

* As amended by No. 50 of 1911.

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1222 No. 3 of 1901. Procedure where person other than judgment debtor disputes right CODE OF CIVIL PROCEDURE. (5) If on the investigation it appears to the Court that the resistance or obstruction complained of was occasioned by any person, other than the judgment debtor, claiming bonâ fide to be in possession of the property on his own account or on account of some person other than the judgment debtor, the claim shall be numbered and registered as an action between the person who has obtained the judgment as plaintiff and the claimant as defendant; and the Court shall, without prejudice to any proceedings to which the claimant may be liable for such resistance or obstruction, proceed to investigate the claim in the same manner and with the like powers as if an action for the property had been brought by the person who has obtained the judgment against the claimant, and shall make such order for staying execution of the judgment, or for executing the same, as in the circumstances of the case may seem fit. 297.-(1) If any person other than the judgment debtor is dispossessed of any immovable property in execution of a judgment, and such person disputes the right of the person who has obtained the judgment to dispossess him of such property under the judgment on the ground that the property was bonâ fide in his possession on his own account or on account of some person other than the defendant, and that it is not included in the judgment or, if it is included in the judgment, that he was not a party to the action in which the judgment was given, he may apply to the Court within one month from the date of such dispossession. him of immovable property under judgment. s. 75 (5). Effect of decision (2) If, after such investigation of the facts of the case as it may think proper, it appears to the Court that there is probable cause for making the application, the application shall be numbered and registered as an action between the applicant as plaintiff and the person who has obtained the judgment as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if an action for the property had been brought by the applicant against the person who has obtained the judgment. 398. The decision of the Court under the provisions contained in either of the last two sections shall be given in a summary manner and shall be of the same force and effect as a judgment in an ordinary action; and no fresh action shall be entertained between the same parties or persons claiming under them in respect of the same cause of action. * * As amended by No. 50 of 1911.

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1222 No. 3 of 1901. Procedure where person other than judgment debtor dis- putes right CODE OF CIVIL PROCEDURE. (5) If on the investigation it appears to the Court that the resistance or obstruction complained of was occasioned by any per- son, other than the judgment debtor, claiming bonâ fide to be in possession of the property on his own account or on account of some person other than the judgment debtor, the claim shall be numbered and registered as an action between the person who has obtained the judgment as plaintiff and the claimant as defendant; and the Court shall, without prejudice to any proceedings to which the claimant may be liable for such resistance or obstruction, proceed to investi- gate the claim in the same manner and with the like powers as if an action for the property had been brought by the person who has obtained the judgment against the claimant, and shall make such order for staying execution of the judgment, or for executing the same, as in the circumstances of the case may seem fit. 297.-(1) If any person other than the judgment debtor is dis- possessed of any immovable property in execution of a judgment, and such person disputes the right of the person who has obtained the judgment to dispossess him of such property under the judg- to dispossess ment on the ground that the property was bonâ fide in his possession on his own account or on account of some person other than the defendant, and that it is not included in the judgment or, if it is included in the judgment, that he was not a party to the H. K. Code, action in which the judgment was given, he may apply to the Court within one month from the date of such dispossession. him of immovable property under judgment. s. 75 (5). Effect of decision (2) If, after such investigation of the facts of the case as it may think proper, it appears to the Court that there is probable cause for making the application, the application shall be numbered and registered as an action between the applicant as plaintiff and the person who has obtained the judgment as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if an action for the property had been brought by the applicant against the person who has ob- tained the judgment. 398. The decision of the Court under the provisions contained in under ss. 396 either of the last two sections shall be given in a summary manner or 397. and shall be of the same force and effect as a judgment in an [ib. s. 75 (6).] ordinary action; and no fresh action shall be entertained between the same parties or persons claiming under them in respect of the same cause of action. * * As amended by No. 50 of 1911.

2026-05-03 01:35:42 · Baseline

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1222

No. 3 of 1901.

Procedure where person other than judgment

debtor dis- putes right

CODE OF CIVIL PROCEDURE.

(5) If on the investigation it appears to the Court that the resistance or obstruction complained of was occasioned by any per- son, other than the judgment debtor, claiming bonâ fide to be in possession of the property on his own account or on account of some person other than the judgment debtor, the claim shall be numbered and registered as an action between the person who has obtained the judgment as plaintiff and the claimant as defendant; and the Court shall, without prejudice to any proceedings to which the claimant may be liable for such resistance or obstruction, proceed to investi- gate the claim in the same manner and with the like powers as if an action for the property had been brought by the person who has obtained the judgment against the claimant, and shall make such order for staying execution of the judgment, or for executing the same, as in the circumstances of the case may seem fit.

297.-(1) If any person other than the judgment debtor is dis- possessed of any immovable property in execution of a judgment, and such person disputes the right of the person who has obtained the judgment to dispossess him of such property under the judg- to dispossess ment on the ground that the property was bonâ fide in his possession on his own account or on account of some person other than the defendant, and that it is not included in the judgment or, if it is included in the judgment, that he was not a party to the H. K. Code, action in which the judgment was given, he may apply to the Court

within one month from the date of such dispossession.

him of immovable property under

judgment.

s. 75 (5).

Effect of decision

398. The decision of the Court under the provisions contained in

under ss. 396

either of the last two sections shall be given in a summary manner or 397.

and shall be of the same force and effect as a judgment in an [ib. s. 75 (6).]

ordinary action; and no fresh action shall be entertained between the same parties or persons claiming under them in respect of the same cause of action.

1912_CODE_OF_CIVIL_PROCEDURE — Page 91

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