1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 96

CODE OF CIVIL PROCEDURE.

proceedings thereon.

H.K. Code, s. 73.

0. 42, r. 23. [cf. s. 100.]

Application for leave to issue execu- tion by one of several persons

(b) where a husband is entitled or liable to execution upon a judgment for or against his wife;

(c) where a party is entitled to execution upon a judgment of assets in futuro; and

(d) where a party is entitled to execution against any of the shareholders of a joint-stock company upon a judgment recorded against a public officer or other person representing such company,

the party alleging himself to be entitled to execution may apply to the court for leave to issue execution accordingly.

(2) The court shall thereupon issue a notice to the person against whom execution is applied for, requiring him to show cause, within a limited period to be fixed by the court, why the judgment should not be executed against him: Provided that no such notice shall be necessary in consequence of an interval of more than six years having elapsed since the judgment if the application is made within one year from the date of the last order obtained on any previous application for execution : Provided also that no such notice shall be necessary in con- sequence of the application being against the legal representative of an original party if on a previous application for execution against the same person the court has ordered execution to issue against him.

(3) When such notice is issued, if the person to whom it is issued does not appear or does not show sufficient cause, to the satisfaction of the court, why the judgment should not be forthwith executed, the court may, if it is satisfied that the party applying is entitled to execution, order the judgment to be executed accordingly. If the person to whom the notice is issued appears and offers any objection to the execution of the judg- ment the court shall make such order as in the circumstances of the case may seem just.

391.—(1) If a judgment has been given jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply to the court for leave to issue execution on the whole judgment for the benefit of them all or, where any of them has died, for the benefit of the Indian Code, survivors and of the representative in interest of the deceased

entitled.

s. 231.

person.