ENFORCEMENT OF JUDGMENTS — Attachment and Sale of Immovable Property — Application Must Be on Notice to Judgment Debtor

"Although section 44 of the Sheriffs and Civil Process Law is silent as to how an application is to be made to the Court by a judgment creditor for a writ of execution against the immovable property of the judgment debtor, it is my respectful view that as there are many things the Court has to satisfy itself about, it is only but fair and just that the judgment debtor be put on notice of the application. Order IV rule 16(2) lays down the evidence to be produced. From the nature of the evidence and upon which the Court must satisfy itself before a writ of attachment and sale is ordered to issue, the civil rights and obligations of the judgment debtor must obviously come up for determination. I cannot see how such a determination can be made behind the back of the judgment debtor without breaching his constitutional right to fair hearing under section 33(1) of the Constitution…"