CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1201
costs.
*
366. Unless the court otherwise orders, interest on costs, at such rate as may for the time being be fixed by the court, shall be recoverable as costs from the date of judgment to the date of payment.
367. The court may in any case direct that costs, with or without interest, shall be paid out of or charged upon the subject-matter of the action or other proceeding.
subject-matter. Indian Code, s. 222.
368. In every case where costs would be recoverable by or from a private party, they shall be recoverable by or from the Crown.
Crown.
CHAPTER XVI.
EXECUTION.
Investigation as to property of judgment debtor.
369. (1) Where a judgment directing payment of money remains wholly or in part unsatisfied, (whether a writ of execution has issued or not), the judgment creditor may apply to the court for a summons requiring the judgment debtor to appear before the court and be examined respecting his ability to pay the payment directed; and the court shall, unless it sees good reason to the contrary, issue such summons.
(2) On the appearance of the judgment debtor, he may be examined upon oath by or on behalf of the judgment creditor, and by the court, with respect to his ability to make the payment directed, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.
(3) The judgment debtor shall be bound to produce, upon oath or otherwise as the court may think fit, all books, papers, and documents in his possession or power relating to property applicable to such payment.
(4) Whether the judgment debtor so appears or not, the judgment creditor and all other witnesses whom the court thinks requisite may be examined upon oath or otherwise, as the court may think fit, respecting the matters aforesaid.
*The rate of interest fixed is 8% per annum.
H. K. Code, s. 69.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1201
costs.
*
366. Unless the court otherwise orders, interest on costs, Interest on at such rate as may for the time being be fixed by the court, shall be recoverable as costs from the date of judgment to the date of payment.
367. The court may in any case direct that costs, with or Payment of without interest, shall be paid out of or charged upon the costs out of subject-matter of the action or other proceeding.
subject-
matter. Indian Code,
s. 222.
368. In every case where costs would be recoverable by Costs payablo or from a private party, they shall be recoverable by or from by or to the the Crown.
Crown.
CHAPTER XVI.
EXECUTION.
Investigation as to property of judgment debtor.
debtor to
and
369. (1) Where a judgment directing payment of money Summons to remains wholly or in part unsatisfied, (whether a writ of judgment execution has issued or not), the judgment creditor may apply appear a to the court for a summons requiring the judgment debtor be examined to appear before the court and be examined respecting his ability to pay ability to make the payment directed; and the court shall, judgment unless it sees good reason to the contrary, issue such sum- proceedings
mons.
(2) On the appearance of the judgment debtor, he may be examined upon oath by or on behalf of the judgment creditor, and by the corrt, with respect to his ability to make the payment directe, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.
(3) The judgment debtor shall be bound to produce, upon oath or otherwise as the court may think fit, all books, papers, and documents in his possession or power relating to property applicable to such payment.
(4) Whether the judgment debtor so appears or not, the judgment creditor and all other witnesses whom the court thinks requisite may be examined upon oath or otherwise, as the court may think fit, respecting the matters aforesaid.
*The rate of interest fixed is 8% per annum.
as to his
thereon. H. K. Codo, s. 69.
+
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