CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
791
(2) If the court grants such leave it shall make such order as it may think fit for protecting the interests of the persons who have not joined in the application.
Stay of execution.
392. No proceeding by audita querela shall hereafter be used; Staying but any judgment debtor may apply to the court for a stay of execution execution or other relief against such judgment on the ground of new of facts which have arisen too late to be pleaded; and the court may give such relief and on such terms as may be just.
393. Whenever an action is pending in the court against a party who has obtained a previous judgment of the court by the person against whom the judgment was given, the court may, if it appears just and reasonable to do so, stay execution of the judgment, either absolutely or on such terms as may seem just, until judgment has been given in the pending action.
Issue of execution.
394.—(1) On the application of the person who has obtained Issue and any judgment, the Registrar shall, subject to the provisions of date of writ. this Code, issue the proper writ for the execution of the judgment.
(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 Order of application for the same, unless the court otherwise directs.
396.—(1) If in the execution of a judgment for immovable Procedure 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,
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
791
(2) If the court grants such leave it shall make such order as it may think fit for protecting the interests of the persons who have not joined in the application.
Stay of execution.
on ground
392. No proceeding by auditâ querelâ shall hereafter be used; Staying but any judgment debtor may apply to the court for a stay of execution execution or other relief against such judgment on the ground of new of facts which have arisen too late to be pleaded; and the court may give such relief and on such terms as may be just.
393. Whenever an action is pending in the court against a party who has obtained a previous judgment of the court by the person against whom the judgment was given, the court may, if it appears just and reasonable to do so, stay execution of the judgment, either absolutely or on such terms as may seem just, until judgment has been given in the pending action.
Issue of execution.
facts. 0. 42, r. 27.
Staying
execution on previous judgment where action pending be- tween same parties. H.K. Code, s. 72 (3).
394.—(1) On the application of the person who has obtained Issue and any judgment, the Registrar shall, subject to the provisions of date of writ. H.K. Code, this Code, issue the proper writ for the execution of the s. 74. judgment.
(2) Every writ of execution shall bear date of the day on 0.42, r. 14.. which it is issued.
395. All writs of execution shall be issued in the order of Order of application for the same, unless the court otherwise directs.
issue of writs.
H.K. Code, s. 72 (8).
where resistance
Execution of judgment for immovable property. 396.—(1) If in the execution of a judgment for immovable Procedure 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,
is offered to execution of judgment for
immovable property. H.K. Code, s. 75 (1), (4).
(2) The court shall thereupon fix a day for investigating the complaint and shall summon the person against whom the Schedule. complaint is made to answer the same,
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