No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Adverse titles of claimants.
O. 57, r. 3.
Application by defendant.
O. 57, r. 4.
Summons by applicant. O. 57, r. 5.
Stay of action.
O. 57, r. 6.
Order upon summons.
O. 57, r. 7.
Disposal of claims in summary manner.
O. 57, r. 8. [cf. s. 535.]
Decision of question of law.
O. 57, r. 9. [cf. s. 535.]
Failure of claimant to appear or refusal to comply
(3) that the applicant, except where he is the bailiff and has seized movable property and has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant, is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct.
527. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin but are adverse to and independent of one another.
528. Where the applicant is a defendant application for relief may be made at any time after service of the writ of summons.
529. The applicant may take out summons calling on the claimants to appear and state the nature and particulars of their claims, and either to maintain or relinquish them.
530. If the application is made by the defendant in an action the court may stay all further proceedings in the action.
531. If the claimants appear in pursuance of the summons the court may order either that any claimant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.
532. The court may, with the consent of both claimants or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the merits of their claims and decide the same in a summary manner and on such terms as may be just.
533. Where the question raised by the claims is a question of law and the facts are not in dispute, the court may either decide the question without directing the trial of an issue or order that a special case be stated for the opinion of the court.
534. If a claimant, having been duly served with a summons calling on him to appear and maintain or relinquish his claim, does not appear in pursuance of the summons or, having appeared, refuses or neglects to comply with any order made