CAP. 256]
(Cap & sub, leg.)
Deletion, etc.. of green ink entries by Land Officer.
Land Transactions (Enemy Occupation)
[1984 Ed.
relate, or as to the form or content of any assignment, reassignment or deed of confirmation to be executed or made by any such person, or as to any other matter or thing arising out of any such instrument or out of the provisions of this Ordinance, the court may, on the application of any party to such dispute or difference-
(a) with the written consent of all the parties to such dispute or difference; or
(b) if no defendant to such proceedings has entered an appearance therein; or
(c) if the court is of the opinion that the action may more conveniently or expeditiously be tried in the District Court,
at any stage of the proceedings order that the entry of such action in the original jurisdiction register be transferred to the Register of Civil Actions, District Court, and thereupon the District Court shall have and may exercise the like jurisdiction both at law and in equity in relation to the said dispute or difference as might have been exercised by the court in its original jurisdiction.
(2) In the event of a person who seeks redress under this section being unable to issue a writ because he is unable to ascertain any person who may properly be joined as a defendant, he may apply to the court by petition without preliminary service and if it appears to the court by evidence upon affidavit that all reasonable inquiries have been made and that the case is one to which this subsection applies, then the case shall proceed on petition and
(a) unless the court otherwise directs, it shall not be necessary to serve the proceedings upon any person or to have recourse to any form of substituted service;
(b) Order 9, rule 2 of the Rules of the Supreme Court shall apply;
(c) the court shall give all necessary and consequential directions.
(3) In dealing with any proceedings under this section, the court shall have power to order that the Registrar should execute, in lieu of any defendant, including a defendant who cannot be ascertained within the meaning of subsection (2), any deed which such defendant could be required to execute under this Ordinance.
(4) Every judgment of the court in an action relating to any such dispute or difference shall be reduced into writing and shall forthwith be registered in the Land Office by the successful party in such action.
7. (1) The Land Officer may, and shall be deemed always to have had power to-
(a) delete any green ink entry which he is satisfied should not have been made;
Page 5
Page 6