46. Writs of Execution: General.
order 46
Writs of Execution: General
1. Definition. (O. 46 r. 1)
In this Order, unless the context otherwise requires, "writ of execution" includes a writ of seizure and sale, a writ of possession and a writ of delivery.
2. When leave to issue any writ of execution is necessary. (O. 46 r. 2)
(1) A writ of execution to enforce a judgment or order may not issue without the leave of the Court in the following cases, that is to say:
(a) where six years or more have lapsed since the date of the judgment or order;
(b) where any change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order;
(c) where the judgment or order is against the assets of a deceased person coming to the hands of his executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;
(d) where under the judgment or order any person is entitled to relief subject to the fulfilment of any condition which it is alleged has been fulfilled;
(e) where any movable property sought to be seized under a writ of execution are in the hands of a receiver appointed by the Court.
(2) Paragraph (1) is without prejudice to any written law or rule by virtue of which a person is required to obtain the leave of the Court for the issue of a writ of execution or to proceed to execution on or otherwise the enforcement of a judgment or order.
(3) Where the Court grants leave, whether under this rule or otherwise, for the issue of a writ of execution and the writ is not issued within one year after the date of the order granting such leave, the order shall cease to have effect, without prejudice, however, to the making of a fresh order.
3. Application for leave to issue writ. (O. 46 r. 3)
(1) An application for leave to issue a writ of execution may be made ex parte by summons in Form 91.
(2) Such an application must be supported by an affidavit–
(a) identifying the judgment or order to which the application relates and, if the judgment or order is for the payment of money, stating the amount originally due thereunder and the amount due thereunder at the date of the application;
(b) stating, where the case falls within rule 2(1)(a), the reasons for the delay in enforcing the judgment or order;
(c) stating, where the case falls within rule 2(1)(b), the change which has taken place in the parties entitled or liable to execution since the date of the judgment or order.
(d) stating, where the case falls within rule 2(1)(c) or (d), that a demand to satisfy the judgment or order was made on the person liable to satisfy it and that he has refused or failed to do so;
(e) giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to execution on the judgment or order in question and that the person against whom it is sought to issue execution is liable to execution on it.
(3) The Court hearing such application may grant leave in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in an action may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.
4. Issue of writ of execution. (O. 46 r. 4)
(1) Issue of writ of execution takes place on its being sealed by an officer of the Registry.
(2) Before such a writ is issued a praecipe in one of the forms in Form 92 for its issue must be filed.
(3) The praecipe must be signed by the solicitor of the person entitled to execution or, if that person is acting in person, by him.
(4) No such writ shall be sealed unless at the time of the tender thereof for sealing–
(a) the person tendering it produces–
(i) the judgment or order on which the writ is to issue, or an office copy thereof;
(ii) where the writ may not issue without the leave of the Court, the order granting such leave or evidence of the granting of it;
(iii) where rule 5(2) applies, the written permission of the Controller of Foreign Exchange therein referred to; and
(b) the office authorized to seal it is satisfied that the period, if any, specified in the judgment or order for the payment of any money or the doing of any other act has expired.
(5) Every writ of execution shall bear the date of the day on which it is issued.
5. Writ and praecipe where Exchange Control Act 1953 applies. (Act 17) (O. 46 r. 5)
(1) Where any party entitled to enforce a judgment or order for the payment of money is resident outside the scheduled territories, then, unless the Controller has given permission under the Exchange Control Act, 1953, for payment of the money to him unconditionally or on conditions which have been complied with, any writ of execution to enforce that judgment or order must direct the sheriff to pay the proceeds of execution into Court.
Notice of payment into Court in compliance with such a direction must be given by the sheriff to the party by whom the writ of execution was issued or to his solicitor.
(2) Where the Controller has given such permission unconditionally or on conditions which have been complied with, the praecipe for the issue of a writ of execution to enforce the judgment or order in question must be indorsed with such a certificate of that fact.
6. Duration and renewal of writ of execution. (O. 46 r. 6)
(1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months beginning with the date of the issue.
(2) Where a writ has not been wholly executed the Court may by order extend the validity of the writ from time to time for a period of 12 months at any time beginning with the day on which the order is made, if an application for extension is made to the Court before the day next following that on which the writ would otherwise expire.
(3) Before a writ the validity of which has been extended under this rule is executed the writ must be marked in Form 5 showing the date on which the order extending its validity was made.
(4) The priority of a writ, the validity of which has been extended under this rule, shall be determined by reference to the date on which it was originally issued.
(5) The production of a writ of execution, purporting to be sealed as mentioned in paragraph (3), shall be evidence that the validity of that writ has been extended under this rule.
7. Fees, expenses, etc., to be levied. (O. 46 r. 7)
In every case of execution the party entitled to execution may levy the commission, fees and expenses of execution over and above the sum recovered.
8. Costs of writ. (O. 46 r. 8)
Subject to these rules, the costs of and incidental to writs of execution or distress, whether executed or unexecuted, or unproductive, shall be allowed against the person liable, unless the Court otherwise orders.
9. Satisfaction by consent. (O. 46 r. 9)
(1) Any person who has satisfied a judgment debt may on filing a consent of the judgment creditor in Form 93 apply to the Court for satisfaction to be entered in the Cause Book and the Court may order satisfaction to be entered accordingly.
(2) The consent of the judgment creditor must be attested by his solicitor or if he has no solicitor, by a Commissioner for Oaths.
10. Where consent refused. (O. 46 r. 10)
(1) If a judgment creditor refuses or neglects to give such consent when requested, or cannot be found, the judgment debtor may apply to the Registrar for an order that satisfaction be entered.
(2) The summons must be served on the judgment creditor at least 2 clear days before the hearing thereof unless the Registrar otherwise orders.
(3) If on such application the Registrar is satisfied that the judgment debt has been satisfied and that the judgment creditor has no reasonable ground for refusing or neglecting to give such consent, the Registrar may order that satisfaction be entered in the cause book and that the judgment creditor pay the costs of and incidental to the application.
11. Deposit costs of execution with Sheriff. (O. 46 r. 11)
Before any writ of execution or distress is executed the person at whose instance the writ was issued (hereinafter called the "execution creditor") must, if the sheriff so requests, deposit in the Registry a sufficient sum of money to defray the costs of the execution.
12. Where Sheriff in possession more than 14 days. (O. 46 r. 12)
Where the sheriff has to remain in possession of movable property for more than 14 days, the execution creditor must before or at the end of the first 14 days of the sheriff keeping possession deposit in the Registry, if the sheriff so requests, a further sum of money to provide for the costs of execution for the next ensuing 14 days and must continue to make such deposits in advance before or at the end of each successive period of 14 days so long as the sheriff continues in possession.
13. Proper officer to give receipt. (O. 46 r. 13)
(1) The proper officer in the Registry must give a receipt for each sum of money deposited and he shall apply such sums or so much thereof as it necessary for the costs of the execution.
(2) The sheriff must return to the execution creditor any balance of money remaining over after the release of the person or the movable property seized, as the case may be, under the writ of execution or distress.
(3) Where the movable property seized under a writ of execution or distress is sold by the sheriff or he receives the amount of the levy without sale, any sums of money deposited by the execution creditor must, so far as the monies coming to the hands of the sheriff will allow, be refunded to the execution creditor.
Duties of Sheriff
14. Time of lodgment to be forthwith indorsed on writ. (O. 46 r. 14)
Whenever any writ of execution or distress is issued, the sheriff must indorse thereon the day, hour and minute of the receipt of it.
15. Time of execution. (O. 46 r. 15)
Any writ of execution or distress may be executed between the hours of 9 a.m. and 4 p.m., unless the sheriff otherwise orders.
16. Notice of seizure and inventory. (O. 46 r. 16)
(1) Where any movable property is seized by the sheriff under a writ of execution or distress, he must give to the execution debtor a notice of seizure in Form 94, and a copy of the notice must be filed.
(2) Where the sheriff removes from a place any movable property that is seized, he must give to the execution debtor at the time the property is removed or immediately afterwards an inventory of the property so removed.
(3) The notice of seizure under paragraph (1) and notice of removal and inventory under paragraph (2) may be–
(a) handed to the execution debtor personally; or
(b) sent to him by post to his place of residence; or
(c) left at or sent by post addressed to him at the place from which the property was seized.
17. Proper officer to keep records and to prepare statement of accounts. (O. 46 r. 17)
(1) The proper officer receiving any money under any writ of execution or distress must give for every sum so received a receipt.
(2) The proper officer must keep a record of all sums of money received by him under a writ of execution or distress and of the manner in which he has applied them, and shall indorse on or annex to the writ a statement thereof.
(3) Subject to these rules, the proper officer must prepare a statement of account in respect of the monies received by him under a writ of execution or distress as follows:
(a) first the Court fees and commission;
(b) next the expenses of execution;
(c) next monies due to the execution creditor under rule 13 which have not been returned to him;
(d) next monies claimed by the landlord, not exceeding six months’ rent, due under a writ of distress in accordance with the provisions of section 20 of the Distress Act, 1951;
(e) next monies available for payment to the execution creditor to satisfy the judgment or order in respect of which the execution was issued;
(f) next where there is more than one writ of execution in his hands against the same defendant, monies available to satisfy the various execution creditors in the order of the priority of their writs according to the dates of issue:
Provided that where an order for attachment of movable property before judgment has been made under the provisions of Part III of the Debtors Act, 1957 and a writ of execution has been issued to enforce a judgment in the same action, such writ shall have priority according to the date on which the order of attachment before judgment was issued;
(g) next after accounting for the monies—for payment to the execution creditors, show—any balance due to the execution debtor.
(4) If the proceeds of the sale received by the proper officer are insufficient to cover the fees, commission and expenses of execution, the execution creditor must pay to the proper officer the amount of the deficiency and shall be entitled to add such amount to the judgment debt to be eventually recovered from the judgment debtor.
18. Sheriff to give information if required. (O. 46 r. 18)
(1) On a written application by the execution creditor, or the execution debtor, or any claimant to movable property seized by him, the sheriff must within 2 days furnish to such applicant a memorandum stating–
(a) the date on which the writ was delivered to him;
(b) the amount leviable under the writ;
(c) the particulars of property seized;
(d) the place of seizure;
(e) particulars of any claim to such property of which he has received notice;
(f) the gross proceeds of sale;
(g) the amount of the fees, commission and expenses; and
(h) the monies paid by him into the Registry and to whose credit.
(2) The sheriff shall at all times permit the execution creditor, or judgment debtor, or any claimant to property seized by him to inspect and copy free of charge any inventory of property seized, sale account, or note of the fees, commission and expenses together with all vouchers in support thereof.
19. Date of arrest to be indorsed. (O. 46 r. 19)
The sheriff executing an order to arrest shall indorse thereon the day, hour and minute of the arrest.
20. Sheriff may be required to show cause for neglect of duty. (O. 46 r. 20)
Any person aggrieved by any alleged non-observance by the sheriff of any duty imposed on him by any written law or by these rules, may apply to the Court for an order that the sheriff show cause why he should not do the thing required, and the sheriff may be required to show cause accordingly.
21. Payment out. (55/67) (Act 265) (O. 46 r. 21)
Subject to these rules and to section 50 of the Bankruptcy Act, 1967 section 31 of the Employment Act, 1955, and to any other written law, any sum of money paid by the sheriff to the credit of the execution creditor or by the judgment debtor, under rule 17 shall, subject to any order of Court, be paid to the execution creditor or judgment debtor respectively on his application without an order:
Provided that the sheriff may, in his discretion, require the execution creditor or judgment debtor, as the case may be, to apply to Court for an order for payment out.
Sale by Sheriff
22. Sheriff to sell. (O. 46 r. 22)
Subject to these rules, the sheriff must sell all property seized by him under a writ of execution or distress.
23. Sale by public auction. (O. 46 r. 23)
Unless the sheriff otherwise orders, all sales must be by public auction between the hours of 9 a.m. and 4 p.m. and notice in Form 95 of the day, hour and place of any intended sale must be posted on the Notice Board of the Registry and as far as practicable at the place of intended sale 7 days before the sale.
24. Where property exceeds $10,000 sale by licensed auction. (O. 46 r. 24)
(1) Where the value of the property attached or seized is estimated by the sheriff to exceed ten thousand ringgit, the same must, unless the sheriff otherwise orders, be conducted by a licensed auctioneer and the sale must be publicly advertised by the sheriff or auctioneer on and during 2 days next preceding the day of sale.
(2) In any other case the sale may be conducted by the Sheriff.
25. Negotiable instruments. (O. 46 r. 25)
Negotiable instruments may, with the leave of the Court, be sold through the agency of such broker and on such terms as the Court shall think just.
26. Sheriff may execute or indorse documents. (O. 46 r. 26)
Where the execution or indorsement of any document is ordinarily lawfully required to give effect to any sale by the sheriff, the sheriff may execute or indorse such document; and the execution or indorsement thereof by the Sheriff shall have the same effect as the execution or indorsement by the judgment debtor.
27. Interpretation of terms. (O. 46 r. 27)
In this Order, where a writ of distress has been issued, the term "execution creditor" shall include a "landlord" and the term "judgment debtor" shall include a "tenant".
order 46
Writs of Execution: General
1. Definition. (O. 46 r. 1)
In this Order, unless the context otherwise requires, "writ of execution" includes a writ of seizure and sale, a writ of possession and a writ of delivery.
2. When leave to issue any writ of execution is necessary. (O. 46 r. 2)
(1) A writ of execution to enforce a judgment or order may not issue without the leave of the Court in the following cases, that is to say:
(a) where six years or more have lapsed since the date of the judgment or order;
(b) where any change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order;
(c) where the judgment or order is against the assets of a deceased person coming to the hands of his executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;
(d) where under the judgment or order any person is entitled to relief subject to the fulfilment of any condition which it is alleged has been fulfilled;
(e) where any movable property sought to be seized under a writ of execution are in the hands of a receiver appointed by the Court.
(2) Paragraph (1) is without prejudice to any written law or rule by virtue of which a person is required to obtain the leave of the Court for the issue of a writ of execution or to proceed to execution on or otherwise the enforcement of a judgment or order.
(3) Where the Court grants leave, whether under this rule or otherwise, for the issue of a writ of execution and the writ is not issued within one year after the date of the order granting such leave, the order shall cease to have effect, without prejudice, however, to the making of a fresh order.
3. Application for leave to issue writ. (O. 46 r. 3)
(1) An application for leave to issue a writ of execution may be made ex parte by summons in Form 91.
(2) Such an application must be supported by an affidavit–
(a) identifying the judgment or order to which the application relates and, if the judgment or order is for the payment of money, stating the amount originally due thereunder and the amount due thereunder at the date of the application;
(b) stating, where the case falls within rule 2(1)(a), the reasons for the delay in enforcing the judgment or order;
(c) stating, where the case falls within rule 2(1)(b), the change which has taken place in the parties entitled or liable to execution since the date of the judgment or order.
(d) stating, where the case falls within rule 2(1)(c) or (d), that a demand to satisfy the judgment or order was made on the person liable to satisfy it and that he has refused or failed to do so;
(e) giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to execution on the judgment or order in question and that the person against whom it is sought to issue execution is liable to execution on it.
(3) The Court hearing such application may grant leave in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in an action may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.
4. Issue of writ of execution. (O. 46 r. 4)
(1) Issue of writ of execution takes place on its being sealed by an officer of the Registry.
(2) Before such a writ is issued a praecipe in one of the forms in Form 92 for its issue must be filed.
(3) The praecipe must be signed by the solicitor of the person entitled to execution or, if that person is acting in person, by him.
(4) No such writ shall be sealed unless at the time of the tender thereof for sealing–
(a) the person tendering it produces–
(i) the judgment or order on which the writ is to issue, or an office copy thereof;
(ii) where the writ may not issue without the leave of the Court, the order granting such leave or evidence of the granting of it;
(iii) where rule 5(2) applies, the written permission of the Controller of Foreign Exchange therein referred to; and
(b) the office authorized to seal it is satisfied that the period, if any, specified in the judgment or order for the payment of any money or the doing of any other act has expired.
(5) Every writ of execution shall bear the date of the day on which it is issued.
5. Writ and praecipe where Exchange Control Act 1953 applies. (Act 17) (O. 46 r. 5)
(1) Where any party entitled to enforce a judgment or order for the payment of money is resident outside the scheduled territories, then, unless the Controller has given permission under the Exchange Control Act, 1953, for payment of the money to him unconditionally or on conditions which have been complied with, any writ of execution to enforce that judgment or order must direct the sheriff to pay the proceeds of execution into Court.
Notice of payment into Court in compliance with such a direction must be given by the sheriff to the party by whom the writ of execution was issued or to his solicitor.
(2) Where the Controller has given such permission unconditionally or on conditions which have been complied with, the praecipe for the issue of a writ of execution to enforce the judgment or order in question must be indorsed with such a certificate of that fact.
6. Duration and renewal of writ of execution. (O. 46 r. 6)
(1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months beginning with the date of the issue.
(2) Where a writ has not been wholly executed the Court may by order extend the validity of the writ from time to time for a period of 12 months at any time beginning with the day on which the order is made, if an application for extension is made to the Court before the day next following that on which the writ would otherwise expire.
(3) Before a writ the validity of which has been extended under this rule is executed the writ must be marked in Form 5 showing the date on which the order extending its validity was made.
(4) The priority of a writ, the validity of which has been extended under this rule, shall be determined by reference to the date on which it was originally issued.
(5) The production of a writ of execution, purporting to be sealed as mentioned in paragraph (3), shall be evidence that the validity of that writ has been extended under this rule.
7. Fees, expenses, etc., to be levied. (O. 46 r. 7)
In every case of execution the party entitled to execution may levy the commission, fees and expenses of execution over and above the sum recovered.
8. Costs of writ. (O. 46 r. 8)
Subject to these rules, the costs of and incidental to writs of execution or distress, whether executed or unexecuted, or unproductive, shall be allowed against the person liable, unless the Court otherwise orders.
9. Satisfaction by consent. (O. 46 r. 9)
(1) Any person who has satisfied a judgment debt may on filing a consent of the judgment creditor in Form 93 apply to the Court for satisfaction to be entered in the Cause Book and the Court may order satisfaction to be entered accordingly.
(2) The consent of the judgment creditor must be attested by his solicitor or if he has no solicitor, by a Commissioner for Oaths.
10. Where consent refused. (O. 46 r. 10)
(1) If a judgment creditor refuses or neglects to give such consent when requested, or cannot be found, the judgment debtor may apply to the Registrar for an order that satisfaction be entered.
(2) The summons must be served on the judgment creditor at least 2 clear days before the hearing thereof unless the Registrar otherwise orders.
(3) If on such application the Registrar is satisfied that the judgment debt has been satisfied and that the judgment creditor has no reasonable ground for refusing or neglecting to give such consent, the Registrar may order that satisfaction be entered in the cause book and that the judgment creditor pay the costs of and incidental to the application.
11. Deposit costs of execution with Sheriff. (O. 46 r. 11)
Before any writ of execution or distress is executed the person at whose instance the writ was issued (hereinafter called the "execution creditor") must, if the sheriff so requests, deposit in the Registry a sufficient sum of money to defray the costs of the execution.
12. Where Sheriff in possession more than 14 days. (O. 46 r. 12)
Where the sheriff has to remain in possession of movable property for more than 14 days, the execution creditor must before or at the end of the first 14 days of the sheriff keeping possession deposit in the Registry, if the sheriff so requests, a further sum of money to provide for the costs of execution for the next ensuing 14 days and must continue to make such deposits in advance before or at the end of each successive period of 14 days so long as the sheriff continues in possession.
13. Proper officer to give receipt. (O. 46 r. 13)
(1) The proper officer in the Registry must give a receipt for each sum of money deposited and he shall apply such sums or so much thereof as it necessary for the costs of the execution.
(2) The sheriff must return to the execution creditor any balance of money remaining over after the release of the person or the movable property seized, as the case may be, under the writ of execution or distress.
(3) Where the movable property seized under a writ of execution or distress is sold by the sheriff or he receives the amount of the levy without sale, any sums of money deposited by the execution creditor must, so far as the monies coming to the hands of the sheriff will allow, be refunded to the execution creditor.
Duties of Sheriff
14. Time of lodgment to be forthwith indorsed on writ. (O. 46 r. 14)
Whenever any writ of execution or distress is issued, the sheriff must indorse thereon the day, hour and minute of the receipt of it.
15. Time of execution. (O. 46 r. 15)
Any writ of execution or distress may be executed between the hours of 9 a.m. and 4 p.m., unless the sheriff otherwise orders.
16. Notice of seizure and inventory. (O. 46 r. 16)
(1) Where any movable property is seized by the sheriff under a writ of execution or distress, he must give to the execution debtor a notice of seizure in Form 94, and a copy of the notice must be filed.
(2) Where the sheriff removes from a place any movable property that is seized, he must give to the execution debtor at the time the property is removed or immediately afterwards an inventory of the property so removed.
(3) The notice of seizure under paragraph (1) and notice of removal and inventory under paragraph (2) may be–
(a) handed to the execution debtor personally; or
(b) sent to him by post to his place of residence; or
(c) left at or sent by post addressed to him at the place from which the property was seized.
17. Proper officer to keep records and to prepare statement of accounts. (O. 46 r. 17)
(1) The proper officer receiving any money under any writ of execution or distress must give for every sum so received a receipt.
(2) The proper officer must keep a record of all sums of money received by him under a writ of execution or distress and of the manner in which he has applied them, and shall indorse on or annex to the writ a statement thereof.
(3) Subject to these rules, the proper officer must prepare a statement of account in respect of the monies received by him under a writ of execution or distress as follows:
(a) first the Court fees and commission;
(b) next the expenses of execution;
(c) next monies due to the execution creditor under rule 13 which have not been returned to him;
(d) next monies claimed by the landlord, not exceeding six months’ rent, due under a writ of distress in accordance with the provisions of section 20 of the Distress Act, 1951;
(e) next monies available for payment to the execution creditor to satisfy the judgment or order in respect of which the execution was issued;
(f) next where there is more than one writ of execution in his hands against the same defendant, monies available to satisfy the various execution creditors in the order of the priority of their writs according to the dates of issue:
Provided that where an order for attachment of movable property before judgment has been made under the provisions of Part III of the Debtors Act, 1957 and a writ of execution has been issued to enforce a judgment in the same action, such writ shall have priority according to the date on which the order of attachment before judgment was issued;
(g) next after accounting for the monies—for payment to the execution creditors, show—any balance due to the execution debtor.
(4) If the proceeds of the sale received by the proper officer are insufficient to cover the fees, commission and expenses of execution, the execution creditor must pay to the proper officer the amount of the deficiency and shall be entitled to add such amount to the judgment debt to be eventually recovered from the judgment debtor.
18. Sheriff to give information if required. (O. 46 r. 18)
(1) On a written application by the execution creditor, or the execution debtor, or any claimant to movable property seized by him, the sheriff must within 2 days furnish to such applicant a memorandum stating–
(a) the date on which the writ was delivered to him;
(b) the amount leviable under the writ;
(c) the particulars of property seized;
(d) the place of seizure;
(e) particulars of any claim to such property of which he has received notice;
(f) the gross proceeds of sale;
(g) the amount of the fees, commission and expenses; and
(h) the monies paid by him into the Registry and to whose credit.
(2) The sheriff shall at all times permit the execution creditor, or judgment debtor, or any claimant to property seized by him to inspect and copy free of charge any inventory of property seized, sale account, or note of the fees, commission and expenses together with all vouchers in support thereof.
19. Date of arrest to be indorsed. (O. 46 r. 19)
The sheriff executing an order to arrest shall indorse thereon the day, hour and minute of the arrest.
20. Sheriff may be required to show cause for neglect of duty. (O. 46 r. 20)
Any person aggrieved by any alleged non-observance by the sheriff of any duty imposed on him by any written law or by these rules, may apply to the Court for an order that the sheriff show cause why he should not do the thing required, and the sheriff may be required to show cause accordingly.
21. Payment out. (55/67) (Act 265) (O. 46 r. 21)
Subject to these rules and to section 50 of the Bankruptcy Act, 1967 section 31 of the Employment Act, 1955, and to any other written law, any sum of money paid by the sheriff to the credit of the execution creditor or by the judgment debtor, under rule 17 shall, subject to any order of Court, be paid to the execution creditor or judgment debtor respectively on his application without an order:
Provided that the sheriff may, in his discretion, require the execution creditor or judgment debtor, as the case may be, to apply to Court for an order for payment out.
Sale by Sheriff
22. Sheriff to sell. (O. 46 r. 22)
Subject to these rules, the sheriff must sell all property seized by him under a writ of execution or distress.
23. Sale by public auction. (O. 46 r. 23)
Unless the sheriff otherwise orders, all sales must be by public auction between the hours of 9 a.m. and 4 p.m. and notice in Form 95 of the day, hour and place of any intended sale must be posted on the Notice Board of the Registry and as far as practicable at the place of intended sale 7 days before the sale.
24. Where property exceeds $10,000 sale by licensed auction. (O. 46 r. 24)
(1) Where the value of the property attached or seized is estimated by the sheriff to exceed ten thousand ringgit, the same must, unless the sheriff otherwise orders, be conducted by a licensed auctioneer and the sale must be publicly advertised by the sheriff or auctioneer on and during 2 days next preceding the day of sale.
(2) In any other case the sale may be conducted by the Sheriff.
25. Negotiable instruments. (O. 46 r. 25)
Negotiable instruments may, with the leave of the Court, be sold through the agency of such broker and on such terms as the Court shall think just.
26. Sheriff may execute or indorse documents. (O. 46 r. 26)
Where the execution or indorsement of any document is ordinarily lawfully required to give effect to any sale by the sheriff, the sheriff may execute or indorse such document; and the execution or indorsement thereof by the Sheriff shall have the same effect as the execution or indorsement by the judgment debtor.
27. Interpretation of terms. (O. 46 r. 27)
In this Order, where a writ of distress has been issued, the term "execution creditor" shall include a "landlord" and the term "judgment debtor" shall include a "tenant".
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