Claim to goods distrained made by a stranger

Civil195826 of 32 sections available

Statutory text

(1) If any claim is made to, or in respect of, any property seized under this Chapter, or in respect of the proceeds or value thereof, by any person not being the debtor, the Court of Small Causes upon the application of the bailiff who seized the property, may issue a summons calling before the Court the claimant and the person who obtained the warrant.
(2) On issuing a summons under sub-section (1), any suit which may have been brought in any other Civil Court in respect of such claim shall be stayed, and such other Court on proof of the issue of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of such summons.
(3) The Court of Small Causes shall adjudicate upon such claim as is referred to in sub-section
(2) and make such order between the parties in respect thereof and of the costs of the proceedings as it thinks fit; and such order shall be enforced as if it were an order made in a suit brought in such Court.
(4) The procedure in a Court of Small Causes in cases under this section shall conform, as far as may be, to the procedure in an ordinary suit in such Court.

Study data processing for this section.

Some statutory text is still being prepared for this language version.

PDF: pending for this language.