CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
801
execution
notice of
claim by third party,
3 & 4 Geo. 5, c. 34, s. 15.
427A. Where any goods in the possession of an execution debtor at the time of seizure by the bailiff or other officer charged with the enforcement of a writ, warrant or other process of execution are sold by such bailiff or other officer without any claim having been made to the same, the purchaser of the goods so sold shall acquire a good title to the goods so sold and no person shall be entitled to recover against the bailiff or other officer, or anyone lawfully acting under the authority of either of them, except as provided by section 46 of the Bankruptcy Ordinance, 1931, for any sale of such goods or for paying over the proceeds thereof prior to the receipt of a claim to the said goods, unless it is proved that the person from whom recovery is sought had notice or might by making reasonable inquiry have ascertained that the goods were not the property of the execution debtor: Provided that nothing in this section contained shall affect the right of any claimant who may prove that at the time of sale he had a title to any goods so seized and sold to any remedy to which he may be entitled against any person other than such bailiff or other officer or purchaser as aforesaid.
1931.
to set aside
428. At any time within ten 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 shall be set aside on the ground of such irregularity unless the applicant proves to the satisfaction of the court that he has sustained substantial injury by reason of such irregularity.
429.-(1) If no such application is made the sale shall be deemed absolute.
Sale of
immovable property
absolute, confirmed
(2) If such application is made and the objection is disallowed, the court shall make an order confirming the sale.
or set aside.
(3) If such application is made and the objection is allowed, the court shall make an order setting aside the sale for irregularity.
etc., when
430. Whenever a sale of immovable property is set aside for irregularity the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear proper to the court to direct.
* As amended by No. 13 of 1933 [23.6.33].
sale of immovable
property is set aside. H.K. Code, s. 78 (4).
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
801
execution
notice of
claim by third party,
3 & 4 Geo. 5, c. 34, s. 15.
427A. Where any goods in the possession of an execution Effect of debtor at the time of seizure by the bailiff or other officer charged sales in with the enforcement of a writ, warrant or other process of without execution are sold by such bailiff or other officer without any claim having been made to the same, the purchaser of the goods so sold shall acquire a good title to the goods so sold and no person shall be entitled to recover against the bailiff or other officer, or anyone lawfully acting under the authority of either of them, except as provided by section 46 of the Bankruptcy Ordinance, 1931, for any sale of such goods or for paying over Ordinance the proceeds thereof prior to the receipt of a claim to the said No. 10 of goods, unless it is proved that the person from whom recovery is sought had notice or might by making reasonable inquiry have ascertained that the goods were not the property of the execution debtor: Provided that nothing in this section con- tained shall affect the right of any claimant who may prove that at the time of sale he had a title to any goods so seized and sold to any remedy to which he may be entitled against any person other than such bailiff or other officer or purchaser as aforesaid.
.
1931.
to set aside
428. At any time within ten days from the date of sale of Application any immovable property in execution of a judgment, application to set a may be made to the court to set aside the sale on the ground immovable of any material irregularity in the conduct of the sale, but no property for irregularity. such sale shall be set aside on the ground of such irregularity H.K. Code, unless the applicant proves to the satisfaction of the court that s. 78 (2). he has sustained substantial injury by reason of such irregularity.
429.-(1) If no such application is made the sale shall be deemed absolute.
Sale of
immovable property
absolute, confirmed
(2) If such application is made and the objection is dis- made allowed, the court shall make an order confirming the sale.
or set aside.
H.K. Code,
(3) If such application is made and the objection is allowed, the court shall make an order setting aside the sale for s. 78 (3). irregularity.
etc., when
430. Whenever a sale of immovable property is set aside Repayment for irregularity the purchaser shall be entitled to receive back of deposit, any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear proper to the court to direct.
* As amended by No. 13 of 1933 [23.6.33].
sale of immovable
property is set aside. H.K. Code, s. 78 (4).
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