48. Examination of Judgment Debtor, etc.
order 48
Examination of Judgment Debtor, etc
1. Order for examination of judgment debtor. (O. 48 r. 1)
(1) Where a person has obtained a judgment or order for the payment by some other person (hereinafter referred to as "the judgment debtor") of money, the Court may, on an application made ex parte by summons supported by affidavit in Form 96 by the person entitled to enforce the judgment or order, order the judgment debtor, or, if the judgment debtor is a body corporate, an officer thereof, to attend before the Registrar, and be orally examined on the questions–
(a) whether any and, if so, what debts are owing to the judgment debtor; and
(b) whether the judgment debtor has any and, if so, what other property or means of satisfying the judgment or order,
and the Court may also order the judgment debtor or officer to produce any books or documents in the possession of the judgment debtor relevant to the questions aforesaid at the time and place appointed for the examination.
(2) An order under this rule must be in Form 97 and must be served personally on the judgment debtor and on any officer of a body corporate ordered to attend for examination.
(3) Any difficulty arising in the course of an examination under this rule before the Registrar, including any dispute with respect to the obligation of the person being examined to answer any question put to him, may be referred to the Court and the Court may determine it or give such directions for determining it as it thinks fit.
2. Examination of party liable to satisfy the judgment. (O. 48 r. 2)
Where any difficulty arises in or in connection with the enforcement of any judgment or order, other than such a judgment or order as is mentioned in rule 1, the Court may make an order under that rule for the attendance of the party liable to satisfy the judgment or order and for his examination on such questions as may be specified in the order, and that rule shall apply accordingly with the necessary modifications.
3. Registrar to make record of debtor’s statement. (O. 48 r. 3)
The Registrar conducting the examination shall take down, or cause to be taken down, in writing the statement made by the judgment debtor or other person at the examination, read it to him and ask him to sign it; and if he refuses the Registrar shall sign the statement.
order 48
Examination of Judgment Debtor, etc
1. Order for examination of judgment debtor. (O. 48 r. 1)
(1) Where a person has obtained a judgment or order for the payment by some other person (hereinafter referred to as "the judgment debtor") of money, the Court may, on an application made ex parte by summons supported by affidavit in Form 96 by the person entitled to enforce the judgment or order, order the judgment debtor, or, if the judgment debtor is a body corporate, an officer thereof, to attend before the Registrar, and be orally examined on the questions–
(a) whether any and, if so, what debts are owing to the judgment debtor; and
(b) whether the judgment debtor has any and, if so, what other property or means of satisfying the judgment or order,
and the Court may also order the judgment debtor or officer to produce any books or documents in the possession of the judgment debtor relevant to the questions aforesaid at the time and place appointed for the examination.
(2) An order under this rule must be in Form 97 and must be served personally on the judgment debtor and on any officer of a body corporate ordered to attend for examination.
(3) Any difficulty arising in the course of an examination under this rule before the Registrar, including any dispute with respect to the obligation of the person being examined to answer any question put to him, may be referred to the Court and the Court may determine it or give such directions for determining it as it thinks fit.
2. Examination of party liable to satisfy the judgment. (O. 48 r. 2)
Where any difficulty arises in or in connection with the enforcement of any judgment or order, other than such a judgment or order as is mentioned in rule 1, the Court may make an order under that rule for the attendance of the party liable to satisfy the judgment or order and for his examination on such questions as may be specified in the order, and that rule shall apply accordingly with the necessary modifications.
3. Registrar to make record of debtor’s statement. (O. 48 r. 3)
The Registrar conducting the examination shall take down, or cause to be taken down, in writing the statement made by the judgment debtor or other person at the examination, read it to him and ask him to sign it; and if he refuses the Registrar shall sign the statement.
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