This rule has not been amended. |
ORDER 42 : EXECUTION BY SALE OF IMMOVABLE PROPERTY
1. Every application under Part 5 of the Civil Procedure Law, Cap. 7, for the sale of immovable property shall be by summons and set out the property sought to be sold, giving the registration enumber, the locality, the kind of property, and its extent; it shall also set out the items making up the amount sought to be recovered, and shall have attached thereto the receipts or other evidence in support of any items for disbursements. There shall also be attached to the application an office copy of the judgment or order sought to be executed and the Land Registry Office certificates showing that the property sought to be sold stands registered in the debtor's name.
2. The application shall be supported by affidavit verifying the sum stated to be still due under the judgment or order and all sums claimed as expenses incidental to the execution thereof; the affidavit shall set forth in detail the enumber of the debtor's family, the house accommodation left, and (where necessary) the land to be exempted as requisite for the support of the debtor and his family, and shall also state that to the best of the applicant's belief sufficient provision is made for the needs of the debtor and his family in these respects.
3. A copy of the application and the affidavit in support thereof shall be served upon the debtor.
4. The writ of sale shall describe clearly the property to be sold and the property to be exempted, and embody any special directions given in regard to the sale. The order directing the issue of the writ shall be drawn up before the writ is issued.
5. (1) Judgment creditors making applications to a Land Registry officer under section 101 of the Civil Procedure Law, Cap. 7, shall swear an affidavit, which may be in Form 37, and shall take the same to the proper Land Registry officer.
(2) Notices to judgment debtors under the said section may be in Form 38.
Service of any such notice shall be effected in the same manner as service of a writ of summons is required to be effected under these Rules.
(3) Where in an application under the said section a debtor disputes the amount of the debt owing and the Land Registry officer refers the matter to a Judge of the District Court he shall forward to the registrar a notice in writing which may be in Form 39.
(4) The Registrar shall thereupon bring the application before a Judge of the Court and the Judge after hearing such persons and such evidence (if any) as he may think necessary shall endorse his decision on the application, and the application so endorsed and signed by the Judge shall be returned by the Registrar to the Land Registry officer.
(5) The applicant shall inform the judgment creditor at whose instance the application for sale was made, of the date of the hearing of the application to the Judge, and it shall be the duty of the judgment creditor to give notice to the judgment debtor and to such other persons (if any) as may be required by the Judge or by any Rule of Court.