Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 326
326. (1) The auction or adjudication shall in all cases be
suspended upon the demand of the debtor with the consent of the
creditor, or upon the demand of the creditor with the consent o f the
debtor, and in such cases, as well as in the case where the
suspension is caused by any other lawful impediment, a fresh
advertisement shall be issued for the continuation of the aucti on on
another day which shall be appointed by the Registrar within tw o
weeks.
(2) If the suspension of the auct ion is demanded by the debtor
or a third party, without the consent of the creditor, the dema nd
shall not be entertained, unless contemporaneously with the
demand a deposit is made with the registrar of a sum which in h is
opinion is sufficient to cover the expense occasioned by the
suspension.
(3) Nor shall any demand for the suspension of an auction be
entertained if such demand is made, without the consent of the
creditor, less than seven days before the day appointed for the
auction, unless the person making the dema nd shall declare on o ath
before the registrar, that the reason for the suspension has ar isen
within that time, or that he was not aware of such reason befor e that
time.
(4) Any interested person may by application request the court
to revoke contrario imperio its decree authorising the suspension of
the auction or of the adjudication, and the court shall summari ly
hear the parties before delivering its decree. Any such decree may
not be challenged in any court.
(5) The court shall hear the parties about the demand for
suspension, and it shall not give its decree relating to such
106 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
application prior to a deposit h aving been made of all the expe nses
with regard to the judicial sale by auction.
New bids within
fifteen days of
adjudication.
Amended by:
IX.1886.73;
IV .1984.5;
XXIV .1995.162;
IV .1996.7.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.