1160
No. 3 of 1901.
Striking out of cause abated, etc., for a year. O.17 r. 10.
CODE OF CIVIL PROCEDURE.
cause or matter, as the case may be, shall certify the fact to the Registrar, who shall cause an entry thereof to be made in the Cause Book opposite to the name of such cause or matter.
102. Where any cause or matter has been standing for one year in the Cause Book marked as "abated," or standing over generally, such cause or matter at the expiration of the year shall be struck out of the Cause Book.
General rule as to joinder in one action of several causes of action. O.18 r. 1.
Rule as to joinder of other causes of action with action for recovery of immovable property. ib. r. 2.
CHAPTER III.
JOINDER OF CAUSES OF ACTION.
103. Subject to the following sections of this Chapter, the plaintiff may unite in the same action several causes of action, but if it appears to the Court that any such causes of action cannot be conveniently tried or disposed of together, the Court may order separate trials of any of such causes of action to be had or may make such other order as may be necessary or expedient for the separate disposal thereof.
104. No cause of action shall, except by leave of the Court, be joined with an action for the recovery of immovable property, except claims in respect of mesne profits, or arrears of rent, or double value in respect of the premises claimed or any part thereof, and damages for breach of any contract under which the same or any part thereof are held or for any wrong or injury to the premises claimed: Provided that nothing in this Chapter shall prevent any plaintiff in an action for foreclosure or redemption from asking for or obtaining an order against the defendant for delivery of the mortgaged property to the plaintiff on or after the order absolute for foreclosure or redemption, as the case may be, and such an action for foreclosure or redemption and for such delivery of possession shall not be deemed an action for the recovery of immovable 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.