1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 99

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

793

person other than the defendant and that it is not included in immovable property 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.

H.K. Code, s. 75 (5).

decision

398. The decision of the court under the provisions contained in section 396 or 397 shall be given in a summary manner under s. 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.

H.K. Code, s. 75 (6).

Execution of judgment for money by attachment of property other than debts.

399. If the judgment is for money and the amount thereof is to be levied from the property of the judgment debtor, the judgment court shall cause the property to be attached in the manner hereinafter prescribed.

H.K. Code, s. 76 (1). Schedule. Form No. 30.

400.-(1) Where the property consists of movable property in the possession of the judgment debtor the attachment shall be made by actual seizure and the bailiff shall keep the same in his custody and shall be responsible for the due custody thereof.

Attachment of movable property. H.K. Code, s. 76 (2), (3). Schedule. Form No. 31.

(2) Where the property consists of movable property to which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the judgment debtor or to any other person.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 793 person other than the defendant and that it is not included in immovable property 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. H.K. Code, s. 75 (5). decision 398. The decision of the court under the provisions contained in section 396 or 397 shall be given in a summary manner under s. 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. H.K. Code, s. 75 (6). Execution of judgment for money by attachment of property other than debts. 399. If the judgment is for money and the amount thereof is to be levied from the property of the judgment debtor, the judgment court shall cause the property to be attached in the manner hereinafter prescribed. H.K. Code, s. 76 (1). Schedule. Form No. 30. 400.-(1) Where the property consists of movable property in the possession of the judgment debtor the attachment shall be made by actual seizure and the bailiff shall keep the same in his custody and shall be responsible for the due custody thereof. Attachment of movable property. H.K. Code, s. 76 (2), (3). Schedule. Form No. 31. (2) Where the property consists of movable property to which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the judgment debtor or to any other person.

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1 CODE OF CIVIL PROCEDURE. No. 3 of 1901. 793 person other than the defendant and that it is not included in immovable property the judgment or, if it is included in the judgment, that he was under not a party to the action in which the judgment was given, he judgment. 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 prob- able 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. H.K. Code, 6. 75 (5). decision 398. The decision of the court under the provisions contained Effect of in section 396 or 397 shall be given in, a summary manner under s. and shall be of the same force and effect as a judgment in an 396 or 397. ordinary action; and no fresh action shall be entertained between H.K. Code, 8. 75 (6). the same parties or persons claiming under them in respect of the same cause of action. Execution of judgment for money by attachment of property other than debts. 399. If the judgment is for money and the amount thereof. Levy of is to be levied from the property of the judgment debtor, the execution on judgment court shall cause the property to be attached in the manner for money. H.K. Code, hereinafter prescribed. s. 76 (1). Schedule. Form No. 30. 400.-(1) Where the property consists of movable property in the possession of the judgment debtor the attachment shall be made by actual seizure and the bailiff shall keep the same in his custody and shall be responsible for the due custody thereof. Attachment of movable property. H.K. Code, B. 76 (2), (3). Schedule. No. 31. (2) Where the property consists of movable property to Form which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the 'judgment debtor or to any other person.

2026-05-03 13:47:44 · Baseline

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

793

person other than the defendant and that it is not included in immovable

property the judgment or, if it is included in the judgment, that he was under not a party to the action in which the judgment was given, he judgment. 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 prob- able 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.

H.K. Code, 6. 75 (5).

decision

398. The decision of the court under the provisions contained Effect of in section 396 or 397 shall be given in, a summary manner under s. and shall be of the same force and effect as a judgment in an 396 or 397. ordinary action; and no fresh action shall be entertained between H.K. Code,

8. 75 (6). the same parties or persons claiming under them in respect of the same cause of action.

Execution of judgment for money by attachment of property other than debts.

399. If the judgment is for money and the amount thereof. Levy of is to be levied from the property of the judgment debtor, the execution on

judgment court shall cause the property to be attached in the manner for money.

H.K. Code, hereinafter prescribed.

s. 76 (1). Schedule. Form No. 30.

Attachment of movable

property. H.K. Code, B. 76 (2), (3). Schedule.

No. 31.

(2) Where the property consists of movable property to Form which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the 'judgment debtor or to any other person.

1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 99

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