Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 326

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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.

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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.