O. 42, r. 14.
Order of
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
(2) Every writ of execution shall bear date of the day on which it is issued.
395. All writs of execution shall be issued in the order of application for the same, unless the court otherwise directs.
H. K. Code, s. 72 (8).
Procedure where resistance is offered to execution of judgment for immovable property. H. K. Code, s. 75 (1), (4). Schedule.
Execution of judgment for immovable property.
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. Form No. 29.
(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 thirty days, as may be necessary to prevent the continuance of such resistance or obstruction.
(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 bona fide to be in possession of the property on his own account
Page 95
Page 96
1208
O. 42, r. 14.
Order of
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
(2) Every writ of execution shall bear date of the day on which it is issued.
395. All writs of execution shall be issued in the order issue of writs of application for the same, unless the court otherwise
H. K. Code,
s. 72 (8).
Procedure where
resistance is offered to execution of judgment for immovable property. H. K. Code,
s. 75 (1), (4). Schedule.
directs.
Execution of judgment for immovable property.
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 Form No. 29. 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 judg- ment debtor or such other person to prison for such period, not exceeding thirty days, as may be necessary to prevent the continuance of such resistance or obstruction.
(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 bona fide to be in possession of the property on his own account
Page 95Page 96
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