1923_CODE_OF_CIVIL_PROCEDURE — Page 96

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901. 1209

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.

397.-(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.

(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 sections 396 or 397 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 Law Rev. Ord., 1924.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1209 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. 397.-(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. (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 sections 396 or 397 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 Law Rev. Ord., 1924.
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CODE OF CIVIL PROCEDURE. .1 No. 3 of 1901. 1209 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 circum- stances of the case may seem fit. where person putes right 397.-(1) If any person other than the judgment debtor Procedure is dispossessed of any immovable property in execution of a her than judgment, and such person disputes the right of the person judgment who has obtained the judgment to dispossess him of such debtor dis- property under the judgment on the ground that the to dispossess property was bonâ fide in his possession on his own account hiin of or on account of some person other than the defendant, and property that it is not included in the judgment or, if it is included in under the judgment, that he was not judgment. a party to the action H. K. Code, in which the judgment was given, he may apply to the court s. 75 (5). within one month from the date of such dispossession. (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. immovable decision under ss. 398. The decision of the court under the provisions Effect of contained in sections 396 or 397 shall be given in a sum- SH. 396 mary manner and shall be of the same force and effect as a or 397. judgment in an ordinary action; and no fresh action shall H. K. Code, be entertained between the same parties or persons claiming s. 75 (6). under them in respect of the same cause of action. * As amended by Law Rev. Ord., 1924. :
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CODE OF CIVIL PROCEDURE.

.1

No. 3 of 1901. 1209

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 circum- stances of the case may seem fit.

where person

putes right

397.-(1) If any person other than the judgment debtor Procedure is dispossessed of any immovable property in execution of a her than judgment, and such person disputes the right of the person judgment who has obtained the judgment to dispossess him of such debtor dis- property under the judgment on the ground that the to dispossess property was bonâ fide in his possession on his own account hiin of or on account of some person other than the defendant, and property that it is not included in the judgment or, if it is included in under the judgment, that he was not

judgment. a party to the action H. K. Code, in which the judgment was given, he may apply to the court

s. 75 (5). within one month from the date of such dispossession.

(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.

immovable

decision

under ss.

398. The decision of the court under the provisions Effect of contained in sections 396 or 397 shall be given in a sum- SH. 396 mary manner and shall be of the same force and effect as a or 397. judgment in an ordinary action; and no fresh action shall H. K. Code, be entertained between the same parties or persons claiming s. 75 (6).

under them in respect of the same cause of action.

* As amended by Law Rev. Ord.,

1924.

:

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