1988 Ed.] The Rules of the Supreme Court-Order 86
[CAP. 4
judgment or make an order for the administration of the estate to which the action relates and include therein an order that no proceedings are to be taken under the judgment or order, or under any particular account or inquiry directed, without the leave of the judge in person.
Conduct of sale of trust property (O. 85, r. 6)
6.
Where in an administration action an order is made for the sale of any property vested in executors, administrators or trustees, those executors, administrators or trustees, as the case may be, shall have the conduct of the sale unless the Court otherwise directs.
A 341
[Subsidiary]
ORDER 86
ACTIONS FOR SPECIFIC PERFORMANCE, ETC.: SUMMARY JUDGMENT
Application by plaintiff for summary judgment (O. 86, r. 1)
1. (1) In any action begun by writ indorsed with a claim- (a) for specific performance of an agreement (whether in writing or not) for the sale, purchase, exchange, mortgage or charge of any property, or for the grant or assignment of a lease of any property, with or without an alternative claim for damages, or
(b) for rescission of such an agreement, or
(c) for the forfeiture or return of any deposit made under such
an agreement,
the plaintiff may, on the ground that the defendant has no defence to the action, apply to the Court for judgment.
(2) An application may be made against a defendant under this rule whether or not he has acknowledged service of the writ.
Manner in which application under rule 1 must be made (O. 86, r. 2)
2. (1) An application under rule 1 shall be made by summons supported by an affidavit verifying the facts on which the cause of action is based and stating that in the deponent's belief there is no defence to the action.
Unless the Court otherwise directs, an affidavit for the purposes of this paragraph may contain statements of information or belief with the sources and grounds thereof.
(2) The summons must set out or have attached thereto minutes of the judgment sought by the plaintiff.
(3) The summons, a copy of the affidavit in support and of any exhibit referred to therein must be served on the defendant not less than 4 clear days before the return day.