A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
675
property within the meaning of this Chapter: Provided, also, that in case any mortgage security is foreclosed by reason of the default to redeem by any plaintiff in a redemption action, the defendant in whose favour such foreclosure has taken place may, by motion or summons, apply to the Court for an order for the delivery to him of possession of the mortgaged property, and such order may be made thereupon as the justice of the case may require.
105. Claims by a trustee in bankruptcy as such shall not, except by leave of the Court, be joined with any claim by him in any other capacity.
Claims by trustee in bankruptcy. O. 18 r. 3.
106. Claims by or against husband and wife may be joined with claims by or against either of them separately.
Claims by or against husband and wife.
Ib. r. 4. Claims by or against executor or administrator.
107. Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.
Ib. r. 5.
108. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant.
Claims by joint plaintiffs. Ib. r. 6.
109. The last three preceding sections shall be subject to sections 103 and 110.
110.-(1.) Any defendant alleging that the plaintiff has united in the same action several causes of action which cannot be conveniently disposed of together may at any time apply to the Court for an order confining the action to such of the causes of action as may be conveniently disposed of together.
(2.) If, on the hearing of such application, it appears to the Court that the causes of action are such as cannot all be conveniently disposed of together, the Court may order any of such causes of action to be excluded and consequential amendments to be made, and may make such order as to costs as may be just.
CHAPTER IV.
PLEADINGS.
General Rules of Pleading.
to ss. 106-8. Ib. r. 7.
Remedy of defendant for misjoinder of causes of action. Ib. rr.
Rules of pleading. O. 19 r. 1.
Form of pleading.
111. The following rules of pleading shall be used in the Court.
112.-(1.) Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies.
Ib. r. 4.