CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
729
conduct of the cause or matter, as the case may be, shall certify O.17, r. 9. 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.
CHAPTER III.
JOINDER OF CAUSES OF ACTION.
O. 17, r. 10.
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, other causes 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 and except also claims for payment of principal money or interest secured by or for any other relief in respect of mortgage or charge of such land: 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
* As amended by Law Rev. Ord., 1939.
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