CAP. 6. 
CYPRUS 
CIVIL PROCEDURE 
CHAPTER 6 OF THE LAWS 
1959 EDITION 
PRINTED BY 
C. F. ROWORTH LIMITED, 54, GRAFTON WAY, LONDON, W.1. 
[Appointed by the Government of Cyprus the Government Printers of this Edition 
of Laws within the meaning of the Evidence (Colonial Statutes) Act, 1907.] 
1959 

CIVIL PROCEDURE. 
CHAPTER 6. 
CIVIL PROCEDURE. 
ARRANGEMENT OF SECTIONS. 
PART I. 
PRELIMINARY. 
Section 
1 Short title 
2 Interpretation 
PART II. 
POWERS OF THE COURT. 
3 Service of writ out of jurisdiction 
4 Interim order for sequestration, etc. 
5 Interim order restraining dealing with land 
6 Power to arrest defendant 
7 Interim orders made on insufficient grounds 
8 Commission to take evidence 
9 Orders without notice 
PART III. 
EXECUTION GENERALLY. [CAP. 6. 
Page 
3 
3 
4 
4 
5 
6 
6 
7 
7 
10 Execution against joint property 8 
11 Judgment debts to carry interest at four per cent. 8 
12 Costs of execution 8 
13 Disposal of proceeds of execution 9 
14 Methods of execution 9 
15 Orders for payment of money to be executed only under this Law... 9 
PART IV. 
EXECUTION BY SALE OF MOVABLES. 
16 What goods of the debtors are not liable to execution 
17 Mode of executing writ 
18 Sale not to take place for three days ... 
19 Sale to be generally by auction 
20 Securities, how to be dealt with 
21 Proceedings where claim ey third 
party 
PART V. 
EXECUTION AGAINST IMMOVABLES. 
Execution by Sale. 10 
10 
10 
11 
11 
11 
22 Writ for sale of land not to issue unless debtor has no movables... 12 
23 What land is liable to execution 12 
24 Issue of writ 12 
25 Duration of writ 12 
26 Order for sale of part of land first 13 
27 Writs directing sale of land generally. 13 
28 Land subject to mortgage... 13 1 
2 CAP. 6.] CIVIL PROCEDURE. 
Section Page 
29 Land registered in deceased debtor's name need not be registered in 
• name 
of heirs 14 
30 Sale under subsequent writ of land ordered to be sold by prior writ 14 
31 Directions 14 
32 Application by third party for stay of sale 15 
33 Sale to be by auction 15 
34 Notice of sale 15 
35 Written bids... 15 
36 Close of sale... 15 
37 Highest bidder to be declared 16 
38 Liability of bidder 16 
39 Penalty for failure to pay amount of bid 16 
40 Court may fix reserve price 16 
41 Resale when reserve not reached 17 
42 Sale with closed doors 17 
43 Irregularity in sale 17 
44 Sale may be suspended or writ set aside if highest bid inadequate 17 
45 Meaning of " inadequate " 18 
46 Time for application to suspend or set aside sale 18 
47 Resale after suspension or setting aside of writ 19 
48 Suspension or setting aside not to prejudice creditors 19 
49 When creditor may be put in possession 19 
50 Court may order sale although creditor in possession... 19 
51 Directions on failure of sale 19 
52 Transfer not to be registered until fifteen days after sale 19 
Making Judgment a Charge on Land. 
53 Registration of judgment . . . 20 
54 How effected 20 
55 Duration of registration 20 
56 Extension of period 20 
57 Effect of registration 21 
58 Where there is a previous declaration for sale or mortgage 21 
59 Notice to be given when judgment satisfied 22 
60 Entries to be made at District Lands Office 22 
61 Creditor who has registered his judgment may be postponed if he 
does not proceed with execution 22 
62 Application of balance where land sold under first registered judgment 22 
Registration in Debtor's Name with a view to Execution. 
63 Judgment creditor may apply for registration of land in debtor's name 22 
64 Application to be filed and open to inspection 23 
65 Effect of application 23 
66 District Lands Officer may register the land accordingly 23 
67 Notice of grant or refusal of application to be given to creditor 24 
68 Application_ to Court on refusal 24 
69 Order on application 25 
70 Expenses of registration to be costs of execution 25 
71 Application to set aside registration 25 
PART VI. 
EXECUTION BY SEQUESTRATION OF LAND. 
72 Writ of sequestration on debtor's application 25 
PART VIL 
EXECUTION BY ATTACHMENT OF PROPERTY. 
73 Writ of attachment of movables or debts in hands of third person... 26 
74 
Service and effect of writ... . .. ... ... 26 
75 Disobedience to writ 26 
76 
Securing the property . . . . . . 26 
77 Property 
under control of public officer or Court 27 
78 Disposal of property attached 27 
79 Execution against third party 27 
80 
Indemnity to third party . . . . . . 27 
81 
Stay of proc~edin~s a~ainst t4ird party... 27 
CIVIL PROCEDURE. [CAP. 6. 
PART VIII. 
EXECUTION 
BY IMPRISONMENT. 
Section 
82 When the debtor may be imprisoned .. . 
83 Subsistence of debtor ... ... . .. 
84 Expenses of debtor's subsistence to be added to debt 
85 Effect of imprisonment 
PART IX. 
EXAMINATION 
OF JUDGMENT DEBTOR. 
86 Application for debtor's examination .. . 
87 Compelling attendance for examination .. . 
88 Examination 
89 Other evidence 
90 Adjournment 
91 Order for payment by instalments 
PART X. 
MISCELLANEOUS. 
92 Officers of District Lands Office may act upon judgments 
93 Writ of partition . . . . . . . .. 
94 Execution of judgment of Turkish Family Courts 95 Saving ... ... . .. 
96 Powers to make Rules of Sale 
PART XI. Page 
27 
28 
28 
28 
28 
29 
29 
29 
29 
29 
29 
29 
30 
30 
30 
WRITS AGAINST IMMOVABLE PROPERTY. SALE OF LAND. 
WHEN JUDGMENT CHARGED. 
97 Issue of writ against immovables 
98 Sale one year after registration 
99 Procedure on expiration of year 
100 Charges 
101 Rules 
PART XII. 
SURETIES 
102(1) A surety who discharges the liability shall be entitled to the assign­
ment of all securities held by the creditor and to stand in the place of 
the creditor, and to use his name, if necessary, in order to obtain 31 
31 
31 
31 
31 
indemnification 32 
102(2) Power to make Rules of Court 32 
RELATING TO THE POWERS OF THE COURTS IN CIVIL ACTIONS 
AND TO THE EXECUTION OF JUDGMENTS IN SUCH ACTIONS. 
PART I. 
Preliminary. 
1. This Law may be cited as the Civil Procedure Law. 
2. In this Law, 
"the Court" means the Court before whiGh the 3 
1949 Cap. 7. 
24 of 54. 
4 of 55. 
Short title. 
Interpreta­
tion. 
4 
Service of 
writ out of 
jurisdiction. 
Interim 
order for 
sequestra­
tion, 
etc. CAP. 6.] CIVIL PROCEDURE. 
action in which any application or order is made, or any 
writ is issued, has been instituted, or the Supreme 
Court, or any judge thereof respectively ; 
" judgment 
creditor " means a person in whose 
favour a judgment ordering the payment of money is 
made; 
" judgment debt " means money ordered by a 
judgment to be paid ; 
"judgment debtor" means a person against whom a 
judgment ordering the payment of money is made. 
PART II. 
POWERS OF THE COURT. 
3. The Court may order that a writ of summons may be 
served 
out of Cyprus whenever it appears to the Court that 
the cause of action has arisen on any breach or alleged 
breach in Cyprus of any contract wherever made, or in 
respect of any property subject to the Laws of Cyprus, or 
that the cause of action has arisen in Cyprus, and that, in 
any of the cases aforesaid, the action is one which cannot be 
tried elsewhere than in Cyprus or can be more conveniently 
tried in Cyprus than elsewhere. 
4. (1) The Court may at any time during the pendency of 
any action therein make in the action an order for the 
sequestration, preservation, custody, 
sale, detent1on, or 
inspection 
of any property, being the subject of the action, 
or an order for preventing any 
loss, damage, or prejudice 
which but for the making of the .order might 
be occasioned 
to any person or property, pending a final judgment on some question affecting such person or property or pending the 
execution of the judgment. 
(2) The order for sequestration referred to means an order 
appointing some 
person or persons to enter upon any 
immovable property, specified in the order, which is in the 
occupation of the person against whom the order is made, and to collect, take, and get into his or their hands the rents 
and profits thereof, and also the goods and movable property 
of such person, and to keep them for a time specified in the 
order or until the further order of the Court. 
(3) The order confers upon the person or persons thereby 
appointed full power to do everything which by the order is 
C~JVIL PROCEDURE. [CAP. 6. 
directed to be done, ".nd all ·_-'),cts and things subsidiary ' 
thereto 
; and, from the tim.e when 
notice of the order is 
given to the person against whum it is made, it deprives him 
of every such power, subject o::::uy to his right to occupy the 
immovable property sequestrc,_ted and 
to carry on his 
business thereon and to use tht.~ movable 
property which 
may be thereon for the purposes of such occupation and the 
carrying on of his business. 5 
5. (1) Any Court in which an action for debt_ or damages foJerim 
is pending, may, at any time after the institutfon of the ~~;:i.ning , i•, 
action, by its order direct that the defendant be restrained feagng with 
from parting with so much of the immovable property an · 
standing registered in his name or of which he has by law a 
right 
to be registered '?-s_the owner, 
as in the opinion of the \ 
Court 
shall be sufficient to 
satisfy the plaintiff's ch.1.im J 
together with his costs of action. 
(2) No such order shall be made unless it al?pears to the 
Court that the plaintiff has a good cause of ach<:m, ~nd th8:t 
by 
the sale or transfer of t~e property t?,~:gy}h~d person 1t 
· 
is probable that the plaintiff may 
be hirider~d ~,obtaining-·· 
satisfaction 
of the judgment of the Court if g1ven in 
his 
favour. · 
(3) 
Every order made _und~r this Se(?tjon_ shall specify 
so 
far as practicable the situation, boundanes, 
extent, and 
nature of the property affected by 
it. 
(4) ·where an 
order _has_bee~ 1?-ade under chis 
section, the 
person on vvhose applicat10n it is_ m.8:d~ m?:y deposit 
at the 
District Lands Office of the distnci: ·within which 
any 
property affected _by the 
order is situ':te ~;1 office copy of the 
order, together with a memorand1-'.-rn 1~ ".vriting addressed 
to 
the District Lands Officer, requestmg tnat the 
property may 
not be transferred into the name of ?-:r~-y person 
other than 
the person against whom the order 1s made. 
(5) 
The order and memorandu.i--n s1-be open 
to inspec-
tion in the office where they are de: _d, and any subse-
quent transfer of the property m~ ile 
the order con-
tinues in effect shall be null and void. che 
remedy of any 
person into whose name the p~opertj ; be 
so transferred 
shall be in damages only agamst th-.rson by 
whom the 
property 
was granted or assigned to _h whether 
by way of 
sale, 
gift, mortgage, or otherw~: And 
the District 
Lands Officer shall make an entry 1 book kept for the 
6 
Power to 
arrest 
defendant. 
2 of 4/55. 
Interim 
orders made 
on 
insuffi.cien t 
grounds. 
3 o/4/55. CAP. 6.J CIVIL PROCE])URE· --------
purpose showing that the dor.:u~p=iLS have been duly 
deposited, and shall commur~ic:1,::e in writing the number of 
the entry to the person depositing the 
document. 
6. (1) Where the plaintiff in an action in any Court proves 
at any time before final judgment by 
evidence on oath to the 
satisfaction of such Court, that he has good cause of action 
against the defendant to an amount exceeding fifty pounds, 
and that there is probable cause for believing that the 
clefendant is about to quit Cyprus unless he be apprehended, 
and that the absence of the defendant from Cyprus will 
materially prejudice the plaintiff in the prosecution of his 
action, such Court may order such defendant to be arrested 
and imprisoned for a period not exceeding six months, 
unJess and until he has sooner given the security directed by 
the Court, not exceeding the amount claimed in the action, 
thai..he._v~ill not 
go out of Cyprus without 
the leave of the· 
Court. 
(2) The expenses incurred 
for the subsistence of the 
defend8'nt while 
under arrest shall be paid by the plaintiff 
in advar1ce, at 
such rate and in such manner as is directed by 
Prison Regulations in 
respect of judgment debtors com­
mitted under Part 
VIII of this Law. 
(3) The ·(0urt may 
at any time, on reasonable cause 
shown, disc11arg~ or 
vary the order, or grant such other 
relief as ma~7 be Just. 
(4) The securit:y to 
be given by the defendant may be a 
deposit in Cou:t _of ~he amount 
mentioned in the order, or a 
bond to the ph',mhff by 
the defendant and two sufficient 
sureties (or, witP.: the 
leave of the Court either one surety or 
more than two), ()r, with ~h~-plaintiff'~,.c~nsent, any 
other 
form of security. The pla1I1Liff may, villLhin four 
days after 
receiving particulai~ ; --f t_he names a~d addresses 
of the 
proposed sureties, t_.;,, 10tice tha_t he ?bJ~cts thereto, stating 
in the notice the p · ,~: 1lars 
_of his ob1ect10ns. In such case 
the sufficiency of " " · ,ecunty shall 
be determined by the 
Court, which shal\ ·;; power ~o ay.rar~ costs 
to either party. 
The plaintiff sha( n a_pp~1cat10n rn Court 
for that pur-
pose, and unless ;1~ ·' Within four days after giving notice 
of objection, the · shall be deemed sufficient. 
(5) Unless otfr._ { Jrdered, 
the costs of and incidental 
to an order of a: :. -rf ·1all be costs in the cause. 
7. If it appears 
Court under the la: .1 .l~ 
..,, :ourt that any order made by such 
1 -preceding sections was applied for 
CIVIL PROCEDURE. [CAP. 6. 
on insufficient grounds, or if the plajntiff's action fails, or 
judgment is given against him, by default or otherwise, 
and it appears to the Court that there was no probable 
ground for his bringing the action, the Court may, if it 
thinks fit, on the application of the defendant, order the 
plaintiff to pay to the defendant such amount as appears to 
the Court to be a reasonable compensation to the defendant 
for the expense and injury occasioned to him by the execu­
tion of the order. 
Payment of compensation under this section shall be a bar 
to any action ±or damages 
in respect of anything done in 
pursuance of the order ; and any such action, if begun, shall 
be stayed by the Court in such manner and on such terms 
as the Court thinks just. 7 
8. (1) On the application of any party to an action the Com.mission 
C h . f h ftotake ourt 
may, w ere 1t appears necessary or t e purposes o evidence. 
justice, and subject to such terms, if any, as the Court may 
direct, make any order for the examination upon oath 
before any person, and at any place within or without the 
jurisdiction of the Court, of any witness or person, and may 
give directions as to any matters connected with the examination as may appear reasonable and just, and may 
empower any party to the action to give the deposition in 
evidence therein. 
(2) Any person so directed to take any examination may 
administer the prescribed oath and may make a special 
report to the Court touching the examination and the con­
duct or absence of any witness or person thereon ; and the Court may direct such proceedings and make such order as 
may seem just. 
(3) On the application of any party to an action the Court 
2 of 37/34. 
may, if it thinks fit, issue a request to a Court in a foreign 
country to examine a witness resident within the jurisdiction 
of such Court and may empower any party to the action to 
give in evidence therein the deposition of such witness taken 
before the Court in the foreign country or before a person to 
whom the examination may be deputed by such Court. 
9. (1) Any order which the Court has power to make o~ders 
may, 
upon proof of urgency or other peculiar circumstances, ::c~~t 
be 
made on the application of any party to the action 
without notice to the other party. 
(2) Before making any such order without notice the 
8 
Execution 
against 
joint 
property. 
Judgment 
debts to 
carry 
interest at 
four per 
centum. 
2 of 39/44. 
Costs of 
execution. CAP. 6.] CIVIL PROCEDURE. 
Court shall require the person applying for it to enter into a 
recognizance, with or without a surety or sureties as the 
Court thinks fit, as security for his being answerable in 
damages to the person against whom the order is sought. 
(3) No such order made without notice shall remain in 
force for a longer period than is necessary for service of 
notice of it on all persons affected by it and enabling them to 
appear before the Court and object to it ; and every such order shall at the end of that period cease to be in force, 
unless the Court, upon hearing the parties or any of them, 
shall otherwise direct ; and every such order shall be dealt 
. 
with 
in the action as the Court thinks just. 
( 4) Nothing in this section shall be construed to affect or 
apply to the powers of the Court to issue writs of execution. 
PART III. 
EXECUTION GENERALLY. 
10. Where a judgment is against any persons jointly, 
execution may issue either against any property belonging 
to them jointly or against any property belonging to any of them separately. 
11. Every judgment debt shall carry interest at the rate 
of four per centum per annum from the date on which the 
judgment is pronounced until the same shall be satisfied and 
such interest may be levied under a writ of execution on 
such judgment : · .. 
Provided 
that n;tlripg in 
this section contained shall apply 
to any judgment pronounced before the 16th day of 
November, 1944, and every such judgment shall carry such 
interest as may be specified therein and in accordance with 
the terms thereof : 
Provided also that where any judgment relates to a debt 
carrying interest, no interest shall be paid under the 
provisions of this section except on the principal debt or any balance thereof remaining due and unpaid. 
12. The party enforcing a judgment shall be entitled to 
recover his costs of execution unless the Court shall other­
wise order ; and the Sheriff or other officer executing any 
writ shall be entitled to retain in his hands the expenses incurred by him or any agent on his behalf in executing it. "-..__.-
r . 
CIVIL PROCEDURE. [CAP. 6. 9 
13 .. All money payable under a judgment and raised by Disposf 0££ 
execution or otherwise, under the process of the Court, shall ~~::ti;n~ 
be paid into Court, unless the Court shall otherwise direct. 
Payment into Court shall be affected by payment into the 
Department of the Accountant-General, or into any bank, or 
to some person or persons, as may be directed by Rules of 
Court, the moneys so paid in being placed to the credit of 
and subject to the order of the Court. 
14. (1) Any judgment or order of a Court directing pay­
ment of money may, subject to the provisions of this Law, be carried into execution by all or any of the following 
means: 
(a) by seizure and sale of movable property ; 
• (b) by sale of or making the judgment a charge on 
immovable property ; 
(c) by sequestration of immovable property ; 
(d) by attachment of property under Part VII of this 
Law; or 
(e) by imprisonment of the debtor under Part VIII of 
this Law. Methods of 
execution. 
(2) Any judgment or order of a Court for the recovery or 2 0f 24/54· 
delivery of possession of any immovable property may be 
enforced by a writ of possession directing the Sheriff or 
other officer to put the judgment creditor in possession of 
that property. 
(3) Any judgment or order of a Court for the recovery 2 of 24/54· 
or delivery of any movable property may be enforced by a 
writ oi delivery 
directing the Sheriff or other officer to take 
such movable property and deliver it to the judgment 
creditor. 
(4) Rules of Court, made by the Governor with the advice 2 °f24/54. 
and assistance of the Chief Justice, may prescribe the form 
of a writ of possession and of a writ of delivery and the fees 
to be paid in connection therewith and regulate the pro-
cedure for the issue and execution of such writs. 
15. No judgment or order for the payment of money shall Orders {0r £ 
be executed except under the provisions of this Law. ~~;nt/ 
be 
executed 
only under 
this Law. 
10 
What goods 
of the 
debtor are 
not liable to 
execution. 
2 of 10/39. 
3 of 24/54. CAP. 6.J CIVIL PROCEDURE. 
PART IV. 
EXECUTION BY SALE OF Mov ABLES. 
16. The following goods shall not be liable to be taken in 
execution :-
( a) the necessary wearing apparel of the debtor and his 
family, the necessary box or wardrobe for 
preserving the same and the necessary beds and 
bedding of the debtor and his family ; 
(b) the necessary baking and cooking utensils of the 
debtor and his family ; 
(c) the books, tools, implements, vessels and receptaclse 
absolutely necessary for the profession, art 
industry, trade or occupation of the debtor, not exceeding in the whole the value of fifty 
pounds; 
(d) one pa{r of neat cattle, or two camels, or one mule 
and one ass, or two asses, at the option of the 
debtor, and where the debtor is a farmer alterna­
tively to the foregoing provision two horses or 
one horse or mule and any one of the aforesaid animals at the option of such debtor ; 
(e) every article which is indispensable to the use of the 
exempted animals ; 
(f) the fodder required to feed the exempted animals for 
three months ; 
(g) provisions for three months for the debtor and his 
family ; 
(h) where the debtor is a farmer, seed grains sufficient 
for sowing in respect of one year the extent of 
land normally cultivated by such debtor. 
Mode of 
executing 
writ. , 17. Subject to the provisions of the last preceding section, 
_ __every writ 
of seizure and sale of movable property shall be 
executed after sunrise and before sunset, and the officer 
executing it shall, if practicable, seize and take so much of 
the movable property of the judgment debtor as he may 
consider necessary for the satisfaction of the judgment debt. 
Sale not to 
take place 
for three days. 18. The property taken in execution ( except money or 
securities for money), shall be sold, but not until the expira­
tion of 
three days at least next following the day on which it 
was taken, unless it is of a perishable nature or upon the 
request in writing of the party whose property it is ; and 
CIVIL PROCEDURE. [CAP. 6. 
until sale it shall be deposited in some fit place or may remain 
in the custody of some fit person. 11 
19. Every sale of movable property in execution of a Sale to11beb · . genera y y Judgment shall, unless the Court otherwise orders, be made auction. 
by public auction, subject to such directions, if any, as the 
Court may make on the application of any parties concerned; 
but the Court may direct the sale to be -made in 
such other 
manner as it may deem advisable. 
20. (1) Any securities for money taken in execution shall ~ecu1ti~s, 
be held by the officer executing the writ as a security for the d~~t ~t~. 
amount directed to be raised and shall be dealt with in such 
manner as the Court on the application of any party shall 
direct. 
(2) The money secured by any of such securities may, 
when the time of payment thereof has arrived, be recovered 
in an action instituted by the judgment creditor in the name 
of the judgment debtor or in the name of any person in whose name the debtor might have instituted an action for 
its recovery. 
21. Where any movable property seized in execution Prhoceedi1·n_gs 
d . d d . l . db h were cairn un er any JU gment or or er 1s c arme y any person ot er by third 
than the judgment debtor, the claimant or the person to party. 
whom the writ of execution is addressed may apply to a 
Court to determine the right to the property. The Court, after notice to all necessary parties to appear before it, 
shall either summarily determine the rights of the parties 
or make such order for the trial and determination of their rights as it shall think expedient, and for the custody in the meanwhile of the property in dispute ; and in either case the 
Court shall direct by whom the costs incurred by 
reason of 
the 
claim shall be paid. 
,-- Where 
some third person claims to be entitled to any 
property so seized by way of security for a debt, the Court 
may or,der a 
sale of the whole or part thereof upon such 
terms as to payment of the whole or part of the secured 
debt or otherwise as it thinks fit, and may direct the pro­
ceeds of sale to be applied in such manner and upon such 
terms as may seem just. 
12 
Writ for 
sale of land 
not to issue 
unless 
debtor has no 
movables. 
What land is 
liable to 
execution. 
2 of 9/29. 
Issue of writ. 
Duration of 
writ. CAP. 6.] CIVIL PROCEDURE. 
PART V. 
EXECUTION AGAINST IMMOVABLES. 
Execution by Sale. 
22. Nq }Vilt of execution by sale of immovable property 
shall issue,"'except by 
the consent of the judgment debtor, 
unless a writ of sale of the movable property of the debtor, 
issued out of the Court and addressed to the Sheriff of the 
district within which the Court is situate, has been returned 
into the Court unsatisfied, or unless it appears that the 
debtor has no movable property actually in his possession. 
23. The immovable property of a judgment debtor which 
may be sold in execution shall include only the property 
standing registered in his name in the books of the District Lands Office : 
Provided that where the property consists in whole or in 
part of a house or houses there shall be left to or provided for the debtor such house accommodation as shall in the 
opinion of the Court be absolute! y necessary for him and 
his family: 
Provided also that when the debtor is a farmer there shall 
be exempted from the sale so much land as shall in the 
opinion of the Court be absolutely necessary for the support of himself and his family. This last proviso shall not be 
applicable in respect of debts incurred before the 2nd of 
May, 1919, or in respect of debts due to any Co-operative 
Credit Society, duly registered as such under the provisions 
of the Co-operative Credit Societies Law, 1914, or any 
amendment thereof by any member or past member 
thereof. 
24. No writ of sale of immovable property shall be issued 
except on an application to the Court, notice of the applica­
tion having been first given to the debtor ; and every such 
writ shall be signed by the Judge, or one of the Judges, 
directing its issue. 
25. Subject to the provisions of the next section, where a 
writ of sale of immovable property has remained unexecuted for one year from the date of its issue by reason only 
ot the 
non-payment 
of the expenses to be incurred in carrying 
out the sale, the District Lands Officer may endorse on the writ that it has not been executed by reason of 
CIVIL PROCEDURE. [CAP. 6. 
the non-payment of the expenses ; and the writ shall then 
be returned to the Court by which it was issued 
and shall 
cease to have any legal force and effect. 
The Court may at any time before the expiration of one 
year from the date of the issuing of the writ, order that it 
shall remain in force for such further period as the Court 
thinks fit. 13 
26. If a judgment debtor whose immovable property is ?j~e~/;~ 
sought to be sold claims that it will be to his interest or to of land first. 
the interest of his creditors that any part of it should be sold 
before any other part, he shall bring the claim to the notice 
of the Court before the auction is concluded ; and if the 
Court thinks that any part of the property should be sold 
before any other part, it may so order accordingly. 
27. A writ of sale of immovable property, directing the 'Yrits_ 
sale of the debtor's immovable property generally, without ~:c:ikd 
other or further directions, shall be sufficient authority to generally. 
the Sheriff and to the officers of the District Lands Office 
to sell so much of the immovable property registered in the 
name of the debtor as may be deemed sufficient to raise the 
amount due under the judgment, with all expenses of execution. 
28. Where the property is subject to a mortgage- !:i:n~~;!';~ 
(a) the judgment creditor may at any time after the 
mortgage debt has become payable, pay to the 
mortgagee on behalf of the judgment debtor all 
money secured by the mortgage, and may add 
the money so paid to the amount of his judgment 
debt ; and the Court, upon being satisfied that 
the money secured by the mortgage has been 
paid, may direct a sale of the property ; 
c. (b) if upon tender by the judgment creditor to the 
mortgagee of the money secured by the mortgage, 
the mortgagee refuses to accept it, the Court may, 
on the application of the judgment creditor, 
direct the property to be sold upon such terms 
as to the payment into Court by the judgment 
creditor, or as to his otherwise securing the 
payment of the mortgage debt as the Court 
thinks fit ; 
(c) the judgment creditor may, instead of paying or 
tendering to the mortgagee the money 'secured 
by the mortgage, give notice to the mortgagee 
k 
14 CAP. 6.] CIVIL PROCEDURE. 
of his intention to apply to the Court for a writ 
of sale ; and upon such application, and upon the judgment creditor furnishing security to the 
satisfaction of the Court for the expenses to be 
, incurred 
in and in connection with the sale, a 
writ may be issued directing the property to be 
sold, subject to a reserved bidding to be fixed by the Court, for securing the money due and to 
become due under the mortgage ; and if there is 
no bidding of as high a value as the amount fixed by the reserved bidding, the property 
shall not be sold ; 
(d) the money realized by any sale under paragraph (c) 
shall, so far as it extends, be applied ; first, in 
payment of the money due under the mortgage; 
secondly, in payment of the expenses of the sale ; 
thirdly, in payment of the judgment debt ; and 
the balance, if any, shall belong to the judgment 
debtor. 
(e) if the money so realized is not sufficient for the 
payment in full of the money due under the 
mortgage and the expenses of the sale, the 
judgment creditor shall be answerable for the 
deficiency, but may, where the Court thinks fit 
so to order, add the amount of the deficiency 
to the amount of his judgment debt as costs of 
execution. 
Land regis- 29. Where a writ has been issued for the sale ofimmovable 1~i!s:_ property in satisfaction of a judgment debt owing by a 
debtor's deceased person, and the property stands registered in 
~~f~eneed the books of the District Lands Office, in the name of the 
registered in deceased, the Lands Department shall sell the property ~!:S~ of in satisfaction of the debt without first requiring its regis-
tration to be effected in the name of the heirs. 
Sale under 30. Where a writ has been issued for the sale of immovable 
~t~u~~~ property, the Court may, on the application of any other 
ordered to be judgment creditor, issue a writ for the sale of so much of the 
~c;l~rb~t. property as has not been sold under the first writ ; and may, upon the like application, order that the balance, 
if any, after payment of what is due under the first writ, 
shall be applied in satisfaction of the debt of the creditor 
by whom application is made. 
Directions. 31. The Sheriff or any person executing a writ of sale of 
CIVIL PROCEDURE. [CAP. 6. 
immovable property may apply to the Court for directions 
for disposing of any question arising or likely to arise in 
the course of the sale, and the Court may thereupon give 
such directions as it thinks advisable. · 15 
32. Any person who claims to be interested in any immov- Application 
able property for the sale of which a writ has been issued, ~~~~r 
may apply to the Court to stay the sale, and the Court may, stay of sale. 
after hearing all necessary parties, make such order thereon 
as seems just. 
33. Every sale of immovable property in satisfaction of Sale _to be by 
a judgment shall be made by public auction at a time and auction. 
place of which public notice has been given. 
34. (1) The notice shall be posted at the town or village Notice of 
within which the property is situate ; at the town or village sale. 
at which the sale is to be held ; at the court-house of the 
Court out of which the writ of sale is 
issued ; and at such 
other place or places as may be directed by the Court or by 
Rules of Sale made under this Law. 
(2) The notice shall specify the name and place of business 
of the person appointed to conduct the sale and of the 
person, if any, to whom biddings may be made pending the 
time appointed for the sale. 
(3) The notice shall be a notice of at least fifteen days, but 
need not in any case exceed ninety days ; and shall be 
issued for such time prior to the sale and shall be given in 
such manner as shall be provided by any Rules of Sale made 
under this Law or, in default of any such rules, in such 
manner as the Court may direct. 
35. After the publication of the notice and until the time ~ritten 
appointed for the sale, biddings in writing may be made to bids. 
any person named in that behalf in the notice of sale, 
provided that they are made in conformity with the Rules 
of Sale or, in default thereof, that they are signed by the 
person <libbing in the presence of some person named to 
receive written· biddings. 
36. At the time and place appointed for the sale the Close of sale. 
person appointed to conduct it, or his substitute, shall 
receive all biddings then made orally to him, and shall 
close the sale in conformity with the provisions of the 
Rules of Sale or, in default thereof, when he considers, 
k (2) 
16 
Highest 
bidder to be 
declared. 
Liability of 
bidder. C.A.P. 6.J CIVIL PROCEDURE. 
from the time which has elapsed since the last previous 
bidding, that no further biddings are forthcoming. 
37. After the close of the sale the person having the 
conduct of it shall declare the name of the highest bidder. 
38. (1) Every person who makes a bidding, whether in 
writing or orally, shall, unless or until a higher bidding is 
made, thereby render himself responsible for the amount 
bid by him and that he will complete the purchase and pay 
all fees necessary for duly transferring the property into 
his name in the books of the District Lands Office ; and if the highest bidder shall, on the demand of the person 
having the conduct of the sale, neglect or refuse to pay the money bid by him, or such portion thereof as may be 
prescribed by Rules of Sale, and also the above-mentioned 
fees, the biddings shall be reopened and the property shall 
again by put up for sale. And the highest bidder at the 
former sale shall be responsible tor all losses, if any, 
occasioned by 
his neglect or refusal to pay the said sums. 
(2) If the amount realised at the subsequent sale is not 
sufficient to satisfy the amount due under the judgment in 
execution of which the sale is made, the amoL1nt, if any, 
for which the highest bidder at the former sale rendered 
himself responsible shall be recoverable in an action insti­
tuted by the judgment creditor, or, by leave of the Court, 
by the judgment debtor. In the contrary case the amount 
shall be recoverable in an action instituted by the judgment 
debtor. 
P~naity for 39. When the person declared to be the highest bidder is ~~t!~~unt ~ot required by the person having the conduct of the sale 
of bid. 1mmed1ately after the close of the sale to pay the whole of 
Court may 
fix reserve. 
price. the money bid by him, then if he fails to complete the 
payment of the money bid by him within the time fixed by 
the conditions of sale, the judgment creditor may serve on 
him a notice in writing calling upon him to complete the 
payment within ten days after service of the notice ; and if he neglects or refuses without reasonable cause, proof 
whereof shall lie upon him, to complete the payment within 
the said ten days he shall be guilty of an 
-0ff ence and shall 
be liable on conviction to a fine not exceeding fifty pounds. 
40. The Court on issuing the writ may direct that the 
property shall not be sold unless the amount bid -for it 
is 
equal to or exceeds a reserve price fixed by the Court. 
CIVIL PROCEDURE. [CAP. 6. 
Any such direction may be given by the Court on the appli­
cation of the person whose property is ordered to be sold 
and on his securing, in such manner as the Court may 
approve of, the payment of any additional expenses which 
may be occasioned by the giving of the direction ; and if 
any such direction is given, the reserve price shall in all cases be specified in the writ of sale, and no bidding or offer for the property shall be accepted unless it is equal to or exceeds the reserve price: Provided that this section shall 
not apply to property legally mortgaged or hypothecated 
for the payment of a debt. 17 
41. When the property is not sold owing to the amount Resale when 
b.d t h · b 1 h · "f f h reserve not 1 no avmg een equa to t e reserve pnce, 1 , a ter t e reached. 
expiration of six months from the conclusion of the biddings, the property still remains unsold and the creditor applies 
to the Court to order it to be again put up for sale, the 
Court shall, unless it is shown that the debt is satisfied, 
make the order accordingly, and the property shall then be sold for the best price that can be obtained. 
42. The doors of any room in which the sale takes place stle ;~h 
may, 
in the discretion of the person appointed to conduct c ose oors. 
the sale, or his substitute, be closed so that any person 
present at the commencement of the sale may not leave 
until the person conducting the sale has closed the sale 
and called upon the highest bidder to pay the purchase 
money or so much thereof as may then be payable. 
43. If it is made to appear to any" Court that there has ~rre~Jarity 
been 
any omission or irregularity at the sale whereby any m sa e. 
person 
has been actually damaged or prejudiced, the Court 
may set aside the sale and order a new sale upon such terms 
as it thinks just. 
44. (1) Where the highest amount bid is inadequate, shale mayd d 
h "f h d b li h C . hin d e suspen e t en, 1 t e e tor app es to t e ourt wit seven ays or writ set 
from the time when the bidding was made for a stay of ~~t 1 b"d 
proceedings, 
and proves to the satisfaction of the Court i~!d:~uat~­
that the 
highest amount bid is inadequate as aforesaid, 
and if, when the application is made to the Court and 
when the Court is prepared to deal with it, it is possible 
to make an order on it without affecting the rights of 
or in any way prejudicing any person other than the debtor 
and his creditor, the Court may by its order direct that the 
proceedings under the writ be suspended or that the writ be 
18 
Meaning of 
"inade­
quate." 
Time for 
application 
to suspend 
or set 
aside. CAP. 6.] CIVIL PROCEDURE. 
set aside, as far as regards the property for which the highest 
bid is inadequate, either unconditionally or subject to such 
terms as the Court may think fit to impose. 
(2) The Court shall not make the order if it appears that 
the debtor or any person with his knowledge and on his 
behalf, or in furtherance of any common purpose formed by 
him and others to prejudice, hinder, or prevent the sale of 
immovable property, has in any manner acted so as to prejudice the sale of the property or hinder or prevent 
biddings being made for it. 
(3) 
If, after the expiration of six months from the time 
when the Court orders the proceedings under the writ to be 
suspended or the writ to be set aside, the property comprised 
in the writ still remains unsold, and the creditor applies to 
the Court to order it to be again put up for sale, the Court 
shall, unless it is shown that the debt is satisfied, make the order accordingly, without charging any further Court 
fees ; and the property shall then be sold for the best price 
that can be obtained. 
(4) This section and sections 45 to 50 inclusive shall not 
apply to any property legally mortgaged or hypothecated 
for the payment of a debt. 
45. A bid shall ordinarily be deemed to be inadequate 
within the meaning of this Law if it is less than one-thid of 
the value of the property as shown in the immovable 
property tax .registers. But the creditor may submit evi­
dence to the Court that the value so shown exceeds the true 
actual value of the property, and the Court may, on leaving 
the evidence and any evidence submitted by the debtor in 
opposition, and after hearing the parties or such of them 
as attend the Court, determine what is the true value of the 
property ; and in that case the bid shall be deemed to be inadequate within the meaning of this Law, if it is less than 
one-third of the value determined by.the Court. 
46. Any debtor desiring to obtain an order of a Court 
suspending proceedings under or setting aside a writ for the sale of any of his immovable property, shall make 
application to the Court for that purpose within seven days 
from the date when the bidding has closed ; and no such application 
shall in i3,ny case be received after the expiration 
of seven days, 
CIVIL PROCEDURE. [CAP. 6. 
47. When the proceedings under a writ have been sus­
pended or a writ has been set aside under the provisions 
of this Law, any property which was ordered to be sold may, 
on the application of any person interested therein at any 
time afterwards, be sold, if the Court thinks fit so to direct. 
48. The suspension of proceedings under a writ or the 
setting aside of a writ shall not postpone the claim of the creditor on whose application the writ was issued 
to the 
claim of any other creditor, but all rights as against the 
debtor and all other persons claiming through or against 
the debtor which on the issuing of the writ accrued to the 
creditor in respect of the property therein mentioned shall 
remain in full force until his debt is satisfied, with interest and costs. 19 
Resale after 
suspension 
or setting aside of 
writ. 
Suspension 
or setting 
aside not to prejudice 
creditor. 
49. When the Court suspends the proceedings under or mi;~ 
sets aside a writ, or if the highest bid is less than the reserve :!/~!put 
price fixed by the Court, the creditor may, if he so requires in . 
and if the Court thinks fit, be put into possession of the possession. 
property for any period not being more than three years, at 
a yearly rent fixed by the Court ; 
Provided that if any person other than the creditor 
offers to rent the property and to enter into security for the 
payment of the rent, the creditor shall not be entitled to be 
put into possession at a smaller rent than that so offered. 
50. Notwithstanding that a creditor has been put into Court may order sale possession under the last preceding section the property although 
may at any time, by leave of the Court, be sold to any credit0: in 
person who will give an adequate price for it. possession. 
Except as hereinbefore provided the Court shall not 
necessarily direct the property to be sold, but shall direct it 
either to be sold or to continue in the possession of the 
creditor, as may in the opinion of the Court· be most 
conducive to the interests of all parties concerned. 
51. If for any reason any of the property is not sold on Direc!1°ns 
the day fixed for the sale, the Court may give such directions ~f ;:t~~re 
as it thinks right for the sale thereof and for advertisements and notices. 
52. No transfer of immovable property sold in execution fraisfer not 
shall be made at the District Lands Office until the expira- r~gis~ered 
tion of fifteen days after the date when the biddings closed. ~~~~ !i~!:n 
sale, 
20 
Registration 
of judgment. 
How 
effected. 
Duration of 
registration. 
Extension of 
period. CAP. 6.] CIVIL PROCEDURE. 
Making Judgment a charge on Land. 
53. A judgment creditor may, for the time and to the 
extent hereinafter specified, render any immovable property 
in which his judgment debtor is beneficially interested, and 
which is registered in the books of the District Lands Office 
in the debtor's name, a security for the payment of his 
judgment debt by registetjng his 
judgment at the District 
Lands Office. 
54. The registration shall be effected by depositing at 
the District Lands Office of the district in which the 
property sought to be charged is situated, an office copy 
of the judgment, together with a memorandum, dated and signed by the judgment creditor or his agent appointed for 
that purpose, describing the property and claiming that the 
debtor's interest in it may remain answerable for the 
pay­
ment 
of the money due under the judgment. 
The memorandum shall state the name, place of residence 
and occupation of the judgment debtor, the nature of the 
property, the town or village within the lands of which the 
property is situate, and a reference to the place in the 
registers where the registration of the property is to be 
found. 
55. Registration of a judgment shall ordinarily remain in 
force for two years only from the date when the judgment 
was first registered. 
56. (1) The registration may, from time to time, be 
prolonged by an order of the Court for any further period or 
periods not exceeding one year at any one time. 
(2) No order shall be made prolonging the registration 
unless- · 
(a) the application for it is made at least one month 
before the expiration of the existing period for 
which it is registered ; and 
(b) the Court is able, after hearing and considering the 
application and all evidence adduced in support 
of it, t0 make its order before the expiration of 
the existing period ; and 
(c) notice of the application and of the time fixed for 
its hearing has been given to the District Lands 
Officer of the district within which the property 
j? ~ituate ; and 
CIVIL PROCEDURE. [CAP. 6. 
(d) the Court is satisfied that the judgment was not a 
collusive judgment, or obtained with a view to 
defeat other creditors, and also that a prolonga­
tion of the period of registration will not 
prejudicially affect the judgment debtor or any 
other judgment creditor or creditors. 
(3) Notice of the order shall be given to the District Lands 
Office by or on behalf of the judgment creditor and at 
his expense, by leaving at the office where the judgment is registered a notice in writing of the making of the order, or 
an office copy thereof, not later than the day on which, but 
for the making of the order, the registration of the judgment 
would cease to have effect, and, where notice only is left, 
by further leaving an office copy of the order at the District 
Lands Office within fourteen days from the day last 
aforesaid ; and if the office copy or notice and office copy 
as aforesaid be not so left at the office, the creditor shall 
forfeit the benefit conferred on him by the order. 21 
57. During the time that the registration remains in force, E:ff~ct o! 
the interest of the debtor in the property shall be charged registration. 
with the payment of the debt due under the judgment in 
priority to all debts or obligations of the debtor not 
specifically charged upon the property before the deposit 
of the memorandum ; and notwithstanding any transfer or 
mortgage made after the registration of the judgment, the property, or so much of it as shall be necessary to be sold to 
satisfy the judgment, shall, at any time while the registration 
remains in force, be ordered by the Court to be sold in 
execution of the judgment. The remedy of any person into 
whose name it may have been transferred, or to whom it may 
have been mortgaged, shall be in damages only against the 
person by whom the property was transferred or mortgaged to him. 
58. Where a declaration for sale or for mortgage has yVhere t~ere 
been made, no memorandum deposited after the date of ~e~i!r:t~~us 
the declaration shall have any effect upon the property for sale or 
affected by the declaration until the expiration of twenty mortgage. 
days from the date of the declaration. 
59. Whenever any judgment that has been registered is ~otice to be 
satisfied while th~ registr<:1-tion re_ma~ns in_f<;>rce it shall be the ~~~~:_~en 
duty of the creditor to give notice m wntmg thereof at the satisfied. 
office where the judgment is registered. 
The creditor shall be answerable to his debtor, and to any 
22 
Entries to be 
made at 
District 
Lands 
Office. 
Creditor 
who has 
registered 
his judgment 
may be 
postponed 
if he does not 
proceed with 
execution. 
Application 
of balance 
where land 
sold under 
first 
registered 
judgment. 
Judgment 
creditor may 
apply for 
registration 
of land in 
debtor's 
name. CAP. 6.J CIVIL PROCEDURE. 
creditor of the debtor, for any damages they or either of 
them may incur by reason of a judgment remaining regis­
tered after it has been satisfied, unless he proves that the 
damage has been incurred in consequence of th~ judgment 
remaining 
registered after he has given notice at the 
District Lands Office of its satisfaction. 
-
60. The proper officer of the District Lands Office shall 
enter in a book to be kept for that purpose a note of the 
date of the registration at the District Lands Office of every 
judgment, _and of 
the names, places of residence and ordinary 
occupations of all persons against whose immovable property 
or any part thereof, any judgment has been registered, and 
of the date of any order prolonging the registration, and of 
the period for which the registration is thereby prolonged. 
The book shall also show the name of the village where 
the properties are situate. 
The book, together with the office copies of judgments 
and memoranda deposited at the District Lands Office 
under this Law, shall be open to inspection. 
61. Where there are two or more judgments against the 
same debtor in favour of separate creditors, and two or more of the creditors give notice 
to the same District Lands 
Office of their judgments, the Court may direct that any creditor whose notice is prior in date to that of any other creditor shall be postponed to all or any creditors whose 
notices are subsequent in date 
to his and who may seek to 
execute their judgments, unless he proceeds to execute his 
judgment within a time to be named by the Court. 
62. Where two or more creditors, by registering their 
judgments, have charged the same immovable property 
with the payment of their debts, and one of them has sold the property in satisfaction of his debt, if upon the sale there 
remains a balance after satisfaction of the debt and costs of 
execution, it shall be applied, in priority to the claims of any other creditor, in satisfaction of the debt of any other creditor who has registered his judgment, or, if there be 
more than one such creditor, in satisfaction of their debts in 
the order of priority of the registration of their judgments. 
Registration in Debtor's Name with a view to Execution. 
63. A judgment creditor who wishes to enforce his judg­
ment debt by sale of the interest of his debtor in immovable 
CIVIL PROCEDURE. [CAP. 6. 
property not registered in the name of the debtor or to 
render any immovable property not registered in the name 
of the debtor a security for his judgment debt, may apply 
to the District Lands Office for the registration of the property in the name of his debtor ; and whether the 
debtor is living or dead, registration may be effected in his 
name in the manner hereinafter provided. 23 
64. The application shall be filed in the District Lands f PE1i~~t1n 
Office, and the proper officer shall enter a note of it in a a~d eop:n to 
book to be kept for the purpose, and also in the book inspection. 
directed to be kept by section 60. The books, together 
with the application, shall be open to inspection by any 
person during office hours. 
65. Where such application has been made, the interest of Effe1~t U 
the debtor in the property shall, during the period herein- app ica on. 
after appointed, be charged with the payment of the debt 
due under the judgment in priority to all debts or obliga-
tions of the debtor not specifically charged upon the property 
before the making of the application. 
The property shall so remain charged until the expiration 
of six months from the date when notice is received by the 
judgment creditor, under section 67 of this Law, that the 
District Lands Officer has effected or has refused to effect 
registration in the name of the judgment debtor. 
66. (1) Upon the application being made, and subject District 
t th f 11 · dit" · Lands 0 e O OWlilg COn IOnS .- Officer may 
(a) that a local inspection of the property be made ; r1egi.d·ster thed an accor -(b) that sufficient evidence be adduced of the right of ingly. 
the judgment debtor to be so registered ; and 
(c) that all fees and charges (including the payment in 
advance of the cost of the local inspection) 
which would have been payable by the judg­
ment debtor, if the application had been made 
by him, be paid by the judgment creditor, 
the District Lands Officer of the district in which the pro­
perty is situate may cause it to be registered in the name 
of the judgment debtor : 
Provided always that where the property is registered in 
the name of some other person it shall also be necessary 
either-
(a) that the written consent duly authenticated of the 
person or persons in whose name or names the 
24 
Notice of 
grant or 
refusal of 
application 
to be given 
to creditor. 
Application 
to Court on 
refusal. CAP. 6.] CIVIL PROCEDURE. 
property is registered, or, if dead, of his or their 
heirs, be produced, or 
(b) that the following procedure be completed-
(i) where the District Lands Officer is satisfied 
that the person making the application has 
acquired a title to the said immovable 
property by prescription and that it 
would, in the opinion of the District Lands 
Officer, be impossible or out of reasonable 
proportion to the value of the said immovable 
property to require the written consent of the 
person or persons in whose name or names the 
said immovable property is registered or, if 
dead, of his or their heirs, to be produced ; and 
(ii) the District Lands Officer or some other 
Lands Officer on his behalf has posted a 
notice at the place where public notices are 
usually posted in the village within the 
boundaries of which the said immovable 
property is situate ; such notice shall contain 
a description of the property, its extent, 
boundaries, situation, a statement of the regis­tration as it exists in the books of the District 
Lands Office, the name of the person in 
whose name the property is proposed to be 
registered, and a statement of the grounds on 
which the proposed registration is intended 
to 
be made, and the notice shall call upon any 
person interested in the said immovable property 
to show cause within sixty days from the date 
of the posting of the notice why the proposed 
registration should not be made ; and 
(iii) no objection to the proposed registration 
has been made within the said period of sixty 
days; and 
(iv) the approval of the Director of Lands 
and Surveys to the proposed registration is 
obtained. 
67. The officer shall forthwith give notice to the judgment 
creditor that he has effected or refused to effect the regis­
tration. 
68. If the officer refuses to cause the registration to be 
effected, the judgment creditor may apply to the District 
CIVIL PROCEDURE. [CAP. 6. 
Court of the district within which the property is situate, 
or to a Judge thereof, for an order directing the registration, 
and shall in every such case give the District Lands 
Officer reasonable notice of the date fixed for the hearing 
of the application. 
At the hearing of the application, the District Lands 
Officer may attend and adduce any evidence which he 
may consider material or proper to be known by the Court. 25 
69. (1) If on the hearing of the application, the Court Ord~r o~ 
is of opinion that the property in question ought to be application. 
registered in the name of the judgment debtor, it shall order it to be registered accordingly. 
(2) Except where the District Lands Officer declares 
that a local inspection is unnecessary, no order shall 
be made for the registration of any property under the provisions of this Part of this Law, until a local inspection 
has been made. 
70. All fees and charges (including the cost of local Ex:pense~ of 
inspection) paid by the creditor for obtaining registration ~~~~~~!~~nof 
of the property in the name of his debtor, shall be deemed execution. 
to be costs of· execution. 
71. Any interested party may apply to the Court to set Applicati?n 
"d · · ff d d h" p f h" L 10 set aside as1 e any registration e ecte un er t 1s art o t 1s aw. registration. 
PART VI. 
EXECUTION BY SEQUESTRATION OF LAND. 
72. When a writ of sale of immovable property has been Writ of 
issued, the Court, on the application of the debtor, and on :~e~~a­
his proving to the satisfaction of the Court that he is debt?r's_ 
possessed of immovable property, and that the amount application. 
due under the judgment with all interest and costs payable and to become payable thereunder can be satisfied by 
~equestration of 
the property for a period not exeeding 
three years, may direct a sequestration of the property, and may thereupon stay execution by way of sale. 
26 
Writ of 
attachment 
of movables 
or debts in 
hands of third person. 
Service and 
effect of writ. 
Disobedience 
to writ. 
Securing the 
property. CAP. 6.J CIVIL PROCEDURE. 
PART VII. 
EXECUTION BY ATTACHMENT OF PROPERTY. 
73. Where the judgment debtor is beneficially interested 
in any money, securities for money, goods or other movable 
property in the custody or under the control of any other 
person in Cyprus, or where such other person is indebted to the judgment debtor, a writ of attachment calling on 
such other person to appear before the Court and be 
examined touching the property 
in his hands which is 
mentioned in the writ, and directing him not to part with 
the custody thereof in the meantime, may be issued at 
any time 
after judgment on the application of_ the 
judg­
ment creditor. The writ shall render the property of the 
judgment debtor which is in the hands of such other 
person answerable as hereinafter mentioned for the satis­
faction of the judgment debt. 
74. The writ shall be served on the person thereby 
directed to appear before the Court; and from the time of 
the service thereof upon him, all money, securities for money, goods and movable property to which the judg­ment debtor is beneficially entitled whether solely or 
jointly with others, and which at the time of the service 
of the writ, or at any time before it is dissolved, are or 
shall be in the custody or under the control of the person 
directed to appear, and all debts due or accruing due by 
him to the judgment debtor at or during that time shall, 
to the extent of the judgment debtor's interest therein, 
and subject to any 
bona fide prior title thereto or lien or 
charge thereon, become securities in his hands for the satis­
faction of the claim of the judgment creditor. 
75. Any person served with such a writ of attachment 
who shall, without leave or order of the Court, at any time 
after the service of the writ and before the attachment is dissolved, knowingly and wilfully part with the custody or 
control of any property attached in his hands, or remove it 
out of Cyprus, or sell or dispose of it or pay over any debt 
due by him to the judgment debtor, except only to or to 
the use of the judgment creditor, shall be deemed to have 
disobeyed, and shall be liable to the same process as though 
he had disobeyed 
an order 
ot the Court. 
76. At any time after service of the writ the Court may 
make any order for the safe custody of any property 
mentioned in the writ. 
CIVIL PROCEDURE. [CAP. 6. 27 
77. Property in the hands or under the control of any Property 
public officer in his official capacity shall be liable to ~ii:01 of 
attachment in execution of a 
judgment with the consent pffiublic 
d o 
ceror of the Attorney--General; an property under the control court. 
of any Court shall be liable to attachment by order of the 
Court. 
78. The Court may, after hearing all persons whom it Disposal of 
may consider to be interested, or after notice to them to [~flc~~r 
attend, 
order that any part of the property attached which 
shall consist of money and bank notes, or a sufficient part 
thereof, shall be paid over to the judgment creditor, or 
that any part not consisting of money or bank notes, so 
far as may be necessary for the satisfaction of the judg-
ment, shall be sold, and that the money realized by the sale, 
or a sufficient part thereof, shall be applied in satisfaction 
of the judgment, and that the writ be dissolved; or it may 
order that the writ be dissolved, or may make such other 
order as may seem just; and shall make such order as to the costs occasioned by the issue of the writ as it thinks 
proper. 
79. ·If any person served with such writ of attachment Execution 
f "l t 1 · ·t1-.. d th C k d against third ai s o comp y w1 H-any or er e ourt may ma e un er party. 
the writ, the Court may order execution to issue against 
him for the amount of the property attached in his hands, 
or for such part thereof as shall be sufficient to satis±y the 
judgment and all costs of the proceedings, and execution may issue accordingly. 
80. Satisfaction of the order by the person served shall Ind~~~ty 
be 
a valid discharge to him as against all claimants of the !~rit 
debts 
or property which he may have applied or disposed 
of in accordance with the order, although the attachment 
may have been set aside or the judgment reversed. 
81. The Court may stay proceedings in any action stay odf_ 
d . h d . f procee mgs commence agamst t e person serve m respect o property against 
attached in his hands, upon such terms as it thinks fit. third party. 
PART VIII. 
EXECUTION BY IMPRISONMENT. 
82. Where upon any investigation by the Court respect- ~~~r the 
ing 
the ability of a judgment debtor to pay the amount due may be 
under a judgment or order it appears to the Court that the imprisoned. 
28 
Subsistence 
of debtor. 
Expenses of 
debtor's 
subsistence 
to be 
added to 
debt. 
Effect of 
imprison­
ment. CAP. 6.J CIVIL PROCEDURE. 
creditor has been unable to obtain satisfaction of his 
judgment by the sale of the debtor's property or by 
attachment of property in the hands of some third party; 
and 
(a) that the debtor then has or since the making of the 
judgment or order has had sufficient means to 
pay the money directed to be paid by him or 
some part thereof which still remains unpaid, 
and that he refuses or neglects to pay it accord­
ing to the judgment or order; or 
(b) that he has made or suffered to be made any gift, 
delivery, 
or transfer of any property, or charged, 
removed or concealed any property and has thereby prevented the creditor from obtaining payment of the judgment debt or any part 
thereof. 
the Court may on the application of the creditor commit the 
debtor to prison for any term not exceeding twelve months, or until the payment of the sum due, subject 
to the pro­
visions hereinafter contained; but may at any subsequent 
time order his release on the request of the creditor. 
83. The creditor shall pay in advance for the subsistence 
of the debtor such sum to such person and in such manner as 
is or may be directed by Prison Regulations, and in default thereof the debtor shall be released. 
84. Sums disbursed by a creditor for the subsistence of 
the debtor in prison shall be added to the costs of the judg­
ment and shall be recoverable by execution against the 
property of the debtor; but the debtor shall not be de­
tained in custody or arrested on account of any sums so 
disbursed. 
~5. A debtor once discharged shall not again be im­
prisoned on account of the same judgment or order, but his property shall continue liable to execution until the judg­
ment or 
order is 
fully satisfied. 
PART IX. 
EXAMINATION OF JUDGMENT DEBTOR. 
Applicatio~ 86. Where a judgment for the payment of money 
for debtors • h 11 · t· fi d ( h th ·t f examination. remams W O y Or ln part unsa 1S e W e er a Wn 0 
execution has issued or not), the judgment creditor may 
CIVIL PROCEDURE. [CAP. 6. 29 
apply that the debtor be examined respecting .his ability 
to make the payment. ·· . 
87. The Court shall have the same powers to compel the Compelling 
tt d f . d t d bt f . • . . attendance a en ance o a JU gmen · e or or exammation as 1t for 
has to compel the attendance of a witness in a civil action. examination. 
88. On the appearance of the debtor before the Court, ~xamina­
he may be examined on oath by or on behalf of the creditor, wn. 
and by the Court, respecting his ability to pay the money, 
and for the discovery of property applicable to the pay-
ment, 
and as to the disposal which he may have made of 
any property; and he shall be bound to produce on oath, 
or otherwise all. books, 
papers and documents in his posses-
sion or power relating to property applicable to the payment. 
89. Whether the debtor appears or not, the creditor, 
and all other witnesses whom the Court thinks requisite, 
may be examined on oath or otherwise respecting the 
matters aforesaid. Other 
evidence. 
90. The Court may, if it thinks fit, adjourn the examin- Adj~urn­
ation from time to time, and require from the debtor such men · 
security for his appearance at the adjourned hearing as 
seems fit, and, in default of his finding security, may order 
him to be detained in custody. 
91. The Court may, if it thinks fit, upon or at any time 0rder fotrb 
f h · · · di" t h th d d paymen y a ter any sue investigation, rec t at e sum ue un er instalments. 
the judgment shall be paid by instalments at such times 
and in such amounts as it may think proper. 
PART X. 
MISCELLANEOUS. 
92. Where a judgment settles any question of title to Officers of 
immovable property, service of a copy of the judgment at P!:~ct 
the District Lands Office shall be sufficient authority for Office may act upon the proper officer of that Office to make all necessary judgments. 
registrations consequent on the judgment. 
93. Where a. judgmen~ . directs p~rtitio~ of ~mmovable ~~t?!n. 
property, a wnt of partition may issue directmg that a P 
partition of the property may be made by a Land Registry 
c. 
30 CAP. 6.] CIVIL PROCEDURE. 
Officer or any other person whom the Court may think fit 
to appoint for that purpose. 
The Court before issuing the writ, may require the person 
applying for it to deposit such sum as the Court considers 
necessary for the costs of making the partition. 
The writ shall be sufficient authority for the officer or 
person to whom it is addressed to make the partition ordered 
at any time after the receipt thereof by him, whether the 
persons amongst whom the property is to be partitioned are present at the time of making the partition or not. 
~~ec;tion t 94. For the purpose of executing the judgment of a 
~f i;uff:I:~ s Judge of a Turkish Family Court ordering the payment of 
iamJy money or the performance of any other act or thing, a 
4 :; 2:154_ District Court may, on the application of any person in 
whose favour the judgment is made, issue the same writs 
and orders as though the judgment had been actually 
given by the District Court; and may stay execution in 
the same manner as it may stay execution of its own judg­
ment, and shall have all such powers in relation to the 
judgment as are specified in Part IX of this Law. 
Saving. 
5 of 24/54. 
Cap. 8. 
Powers to 
make Rules 
of Sale. 95. Nothing in this Law shall be held to annul or abridge 
the right of any Court to enforce obedience to any order 
issued by it under the provisions of the Courts of Justice 
Law. 
96. (1) The Governor, with the advice and assistance of 
the Chief Justice and of the Director of Lands and Surveys 
may from time· to 
time make rules (hereinbefore referred 
to as Rules of Sale), for regulating-
(a) the conduct of sales of immovable property under 
this Law; 
(b) the appointment of persons to conduct the sales; 
(c) the fees to be paid to the District Lands Office or 
to any person on such sales; 
(d) the conditions under which the property is to be 
sold; and 
(e) the form of notice authorized by section 39, and 
the manner of serving it. 
(2) The rules shall be consistent with this Law, and may 
empower the District 
Lands Officer to give any special 
directions as to the manner and conditions of sale where 
he thinks it advisable, but so that he shall not be 
CIVIL PROCEDURE. [CAP. 6. 
authorized to direct any sale to be carried out in a manner 
inconsistent with this Law. 
(3) The rules may repeal or alter any previous rules. 
(4) The rules shall be published in the Gazette, and shall 
come into force at any time specified in the rules or by 
order of the Governor published in the Gazette. 
PART XI. 
WRITS AGAINST IMMOVABLE PROPERTY. SALE OF LAND 
WHEN JUDGMENT CHARGED. 31 
97. Notwithstanding anything contained in section 22, Iss:ue of. ·t f 1 f . bl b . d . b wnt agamst wn s or sa e o 1mmova es may e issue at any time y immov-
the order of a Judge of a District Court. ables. 
98. Notwithstanding anything contained in this Law, Sale one . bl t b ld. . .h h yearafter 1mmova e proper y may e so 1Il execution wit out t e registration. 
consent of the debtor or an order of the Judge after one 
year has elapsed from the time when the judgment has 
been made a charge on the land by registration. 
99. On the expiration of the year in the last section Procedi:-re 
t. d th . d di . b . on expira-men 10ne e JU gment ere tor may, on notice emg tion of year. 
given to the judgment debtor, apply to the proper officer of 
the District Lands Office for sale of the property in execution 
of the amount remaining due on the judgment debt, and 
such officer shall thereupon proceed with• the sale unless 
the debtor disputes the amount of the debt owing, in 
which case the matter shall be referred to a Judge of the 
District Court. 
100. The proper officer of the District Lands Office Charges. 
may also sell so much property as is necessary to recover 
the charges incurred in such office and pay them to the 
judgment creditor: 
Provided that when the debt does not exceed ten pounds 
the creditor shall not recover a greater amount of costs 
than the amount of his debt. 
101. The Governor, with the advice and assistance of the Rules. 
Chief Justice, may make Rules for the carrying out of the 
objects of this Part of this Law and of the second proviso 
to section 23 of this Law. 
l (2) 
32 CAP. 6.J CIVIL PROCEDURE. 
PART XII. 
SURETIES. 
!h~u%~: 102. (1) Every person who, being surety for the debt or 
charges the duty of another, or being liable with another for any debt or 
liability shall duty, shall pay such debt or perform_ such duty, shall be be entitled 
to an entitled to have assigned to him, or to a trustee for him, 
~~sif1~ment every judgment, specialty, or other security which shall be 
securities held by the creditor in respect of such debt or duty, whether 
~~Id b~·t such judgment, specialty, or other security shall or shall 
an~ foe s~a~d not be deemed at law to have been satisfied by the payment 
i~ t~; place of the debt or performance of the duty, and such person 
~redit~r, shall be deemed entitled to stand in the place of the 
and use his creditor, and to use all the remedies, and if need be, and name, if necessary, upon a proper indemnity, to use the name of the creditor, 
~~t~~~er to in any action or other proceeding at law in order to obtain 
indemn1fica- from the principal debtor, or any co-surety, co-contractor, 
tion. or co-debtor, as the case may be, indemnification for the 
2 of 15126· advances and loss sustained by the person who shall have so 
Power to 
make Rules 
of Court. 
3 of 15/26. paid such debt or performed such duty, and such payment 
or performance so made by such surety shall not be raised 
in bar of any such action or other proceeding by him: 
Provided always, that no co-surety, co-contractor, or 
co-debtor shall be entitled to recover from any other co­
surety, co-contractor, or co-debtor, by the means aforesaid, 
more than the just proportion to which, as between those 
parties themselves, such last mentioned person shall be 
justly liable. 
(2) The Governor, with the advice and assistance of the 
Chief Justice, may from time to time by writing under the 
hand and official seal of the Governor and the hand of the 
Chief Justice makes Rules of Court for the better execution 
of the provisions of this Part.