Section 55 Sheriffs and Civil Process Act

Section 55 of the Sheriffs and Civil Process Act 1945 is about Application for judgment summons for examination of judgment debtor. It provides as follows:

(1) Where a judgment debtor makes default in payment of any sum recovered against him or any instalment thereof under a judgment, the judgment creditor may apply to any court for the issue of a summons, hereinafter called a judgment summons, requiring the judgment debtor to appear and be examined on oath as to his means, and the court shall, unless it sees good reason to the contrary, issue such a summons.

(2) The application may be made-
(a) where the judgment or order is against one person only, or where the application is for the issue of a judgment summons against only one of two or more persons jointly liable under the judgment or order, in the court for the division or district in which the debtor resides or carries on business; or

(b) where the application is for the issue of a judgment summons against two or
more persons jointly liable under the judgment or order, in the court for the division or district in which anyone of the joint debtors resides or carries on
business.

(3) The judgment creditor shall file a praecipe in the appropriate form containing the particulars required by that form, and thereupon a judgment summons shall be issued in such a form as is applicable to the case.

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