CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1229
424. Where movable property has been taken in execution under the process of the Court, and any claimant alleges that he is entitled, under a bill of sale or otherwise, to the property by way of security for debt, the Court may order the sale of the whole or a part thereof, and direct the application of the proceeds of the sale in such manner and upon such terms as may be just.
Power to order sale of movable property taken in execution and claimed by third party. O. 57 r. 12.
425.-(1) Where a claim is made to or in respect of any movable property taken in execution under the process of the Court it shall be in writing, and on the receipt of the claim the bailiff shall forthwith give notice thereof to the execution creditor, and the execution creditor shall, within 4 days after receiving the notice, give notice to the bailiff that he admits or disputes the claim.
(2) If the execution creditor admits the claim, and gives notice as directed by this section, he shall only be liable to the bailiff for any fees and expenses incurred prior to the receipt of the notice admitting the claim.
Giving of notice by bailiff of claim to movable property taken in execution. ib. r. 16.
Notice by bailiff on ib. r. 16A.
426. When the execution creditor has given notice to the bailiff that he admits the claim, the bailiff may thereupon withdraw from possession of the property claimed, and may apply for an order protecting him from any action in respect of the seizure and possession of the property, and the Court may make any such order as may be just and reasonable in respect of the same: Provided that the claimant shall receive notice of such intended application, and, if he desires it, may attend the hearing of the same, and if he attends, the Court may, in and for the purposes of such application, make all such orders as to costs as may be just and reasonable.
Withdrawal of admission of claim.
Sale of Property in Execution of Judgment.
427. Every sale in execution of a judgment shall be made under the direction of the Registrar, and shall be conducted according to such orders, if any, as the Court may make on the application of any party concerned, and shall be made by public auction: Provided that the Court may in any case authorise the sale to be made in such other manner as it may deem advisable.
Mode of sale in execution. s. 78 (1). Conduct and H. K. Code,
428. At any time within 10 days from the date of sale of any immovable property in execution of a judgment, application may be made to the Court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no such sale [ib. s.78 (2).]
Application to set aside sale of immovable property for irregularity.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1229
order sale of
424. Where movable property has been taken in execution under Power to the process
of the Court, and any claimant alleges that he is entitled, movable pro- under a bill of sale or otherwise, to the property by way of security perty taken for debt, the Court may order the sale of the whole or a part thereof, and claimed and direct the application of the proceeds of the sale in such manner by third and upon such terms as may be just.
in execution
party. O. 57 r. 12.
notice by
425.-(1) Where a claim is made to or in respect of any movable Giving of property taken in execution under the process of the Court it shall bailiff of be in writing, and on the receipt of the claim the bailiff shall forth- claim to with give notice thereof to the execution creditor, and the execution perty taken
movable pro- creditor shall, within 4 days after receiving the notice, give notice to in execution. the bailiff that he admits or disputes the claim.
(2) If the execution creditor admits the claim, and gives notice as directed by this section, he shall only be liable to the bailiff for any fees and expenses incurred prior to the receipt of the notice. admitting the claim.
ib. r. 16.
by bailiff on
ib. r. 16A.
426. When the execution creditor has given notice to the bailiff Withdrawal that he admits the claim, the bailiff may thereupon withdraw admision of from possession of the property claimed, and may apply for an order claim. protecting him from any action in respect of the seizure and pos- session of the property, and the Court may make any such order as may be just and reasonable in respect of the same: Provided that the claimant shall receive notice of such intended application, and, if he desires it, may attend the hearing of the same, and if he attends, the Court may, in and for the purposes of such application, make all such orders as to costs as may be just and reasonable.
Sale of Property in Execution of Judgment.
mode of sale
s. 78 (1).
427. Every sale in execution of a judgment shall be made under Conduct and the direction of the Registrar, and shall be conducted according to in execution. such orders, if any, as the Court may make on the application of H. K. Code, any party concerned, and shall be made by public auction: Pro- vided that the Court may in any case authorise the sale to be made in such other manner as it may deem advisable.
set aside sale
428. At any time within 10 days from the date of sale of Application to any immovable property in execution of a judgment, application of immovable may be made to the Court to set aside the sale on the ground of any property for material irregularity in the conduct of the sale, but no such sale [ib. s.78 (2).]
irregularity.
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