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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V11) 1 CLR 124A
1924 June 21
[FISHER, C.J. AND GRIMSHAW, P.J.]
CHRISTODOULO D. HAJIPAVLO
v.
1. NICOLA LOURO
2. YEORGHIOS P. KOFTEROU,
Principal Debtor,
3. THE SYNDICS IN THE BANKRUPTCY OF PANAYIOTIS
HAJICHANGARI,
Guarantor.
CIVIL PROCEDURE AMENDMENT LAW, 1885, SEC. 52-BANKRUPTCY OF JUDGMENT DEBTOR-RIGHT OF SALE BY JUDGMENT CREDITOR-VERIFICATION.
Plaintiff obtained judgment against all three Defendants by default, on the 10th April, 1922.
Third Defendant became bankrupt on the 18th June, 1923.
Date of cessation of payment fixed by the Court as the 10th October, 1922. On the 12th October, 1922, the 10th November, 1922, and the 11th December, 1922, the Plaintiff registered his judgment at the Land Registry Office by lodging a copy thereof together with a memorandum, as required by section 52 of the Civil Procedure Amendment Law, 1885, on the immoveable property of Defendant No. 3.
The Plaintiff applied to the District Court for an order for sale of the third Defendant's immoveable property.
The District Court made the following order:-
In our opinion the remarks of Bertram, J. in 9 C.L.R. p 3 are not obiter but form part of the judgment of the Supreme Court and this is borne out by the remarks of the learned Chief Justice in the same case.
In the case before us the facts are not in dispute. In the words of Bertram J. at p. 7 " By Art. 448, etc." Our code goes further and says "they shall be deemed invalid and absolutely void."
It seems to us quite clear that the date of the "acquisition of the "privilege "is the date of the accrual of the right which is the date of the judgment, and that as the applicant failed to exercise his right of registration within fifteen days of its accrual this application must be dismissed with costs £3 4s. 4 ½ cp.
We notice that this judgment was obtained in default of appearance and are of opinion that the applicant should verify his claim before the Syndics, vide judgment of Tyser, C.J. at p. 59, C.L.R. Vol. X.
From this order plaintiff appeals.
For Appellant Paschalis.
For Respondents (Syndics) N. Lanitis.
Judgment: Reversing the District Court:-
A judgment creditor who has registered his judgment under section 52 of the Civil Procedure Amendment Law, 1885, prior to the adjudication of bankruptcy, is entitled to have the property sold notwithstanding the bankruptcy. There is no qualification of his right in the Law creating it, nor is there anything in the Commercial Code to affect his right. A. and K. Constantinides v. Yanni Haralambo Boyaji (C.L.R. X. p. 45) followed and explained. Verification in the circumstances not a necessary step, but Syndics may call for it.