CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
857
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relating to charity may
639. An application under section 638 may be made by the By whom Attorney General, or by all or any one or more of the trustees application or persons administering or claiming to administer, or interested in, the charity which is the subject of the application, or by two or more inhabitants of any city, town, village or place within which the charity is administered or applicable.
640. It shall be lawful for the Attorney General, acting ex officio, to make application by petition to the court with respect to any charity under the provisions of the Act of Parliament 52 George 3, chapter 101.
Sale, foreclosure and redemption.
be made. 16 & 17 Vict. c. 137, s. 43.
Attorney General may apply under 52 Geo. 3, c. 101. 16 & 17 Vict. c. 137, s. 43.
Sale of
641.—(1) Any person entitled to redeem mortgaged property may have a judgment or order for sale instead of for redemption mortgaged in an action or other proceeding brought by him either for redemption alone, or for sale alone, or for sale or redemption in the alternative.
property in action for redemption or foreclosure. 15 Geo. 5, c. 20, s. 91.
(2) In any action or other proceeding, whether for foreclosure, or for redemption, or for sale, or for the raising and payment in any manner of mortgage money, the court, on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption, and notwithstanding that-
(a) any other person dissents; or
(b) the mortgagee or any person so interested does not appear in the action,
and without allowing any time for redemption or for payment of any mortgage money, may direct a sale of the mortgaged property, on such terms as it thinks fit, including the deposit in court of a reasonable sum, fixed by the court, to meet the expenses of sale and to secure performance of the terms.
(3) But in any action or other proceeding brought by a person interested in the right of redemption and seeking a sale, the court may, on the application of any defendant, direct the plaintiff to give such security for costs as the court thinks fit, and may give the conduct of the sale to any defendant, and may give such directions as it thinks fit respecting the costs of the defendants or any of them.
(4) In any case within this section the court may, if it thinks fit...
* As amended by Law Rev. Ord., 1939.