T
Ordinance No. 3 of
Deletion,
of
geen lak carries by Land Officer.
(2) In the event of a person who seeks redress under this section being unable to issue a wril 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 sub-section applies then the case shall proveed 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;
apply:
(b) section 18 of the Code of Civil Procedure shall
(c) the Court shall give all necessary and con-
sequential 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 the preceding sub-section, any deed which such defendant could be required to execute under this Ordinance,
(4) Every judgment of the Court in an action ralating 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.
8. (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;
(6) make any groen ink entry which he is satisfied should have been made; and
(e) vary or add to any such entry when he is satisfied that such variation or addition is necessary. Any auch deletion, variation or addition shall be attested and verified by the signature of the Land Officer.
(2) The Land Officer shall delete any green ink entry recording or evidencing the purported discharge of a debt which by reason of the Debtor and Creditor (Occupation Period) Ordin- nuco, 1948, is deemed to have been wholly or partly undischarged or any green int entry depending for its validity on the valid discharge of such a debt.
(3) Any person aggrieved on the ground that a green ink entry should not have been made or is incorrect or on the ground that the appropriate green ink entry has not been made or
is no longer subsisting may apply for redress to the Court by summary petition verified upon oath and the Court may thereupon take much evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires. A copy of every such petition shall be delivered to the Land Officer 38 8000 sa may be after the issue thereof.
9. Notwithstanding anything hereinbefore contained in any Saving. action for specific performance founded on this Ordinance-
(1) It shall be a valid defence for a person, who has been required to assign or confirm in accordance with the provisions hereof to show that the Japanese assignment in respect of which such assignment or confirmation was required is void or voidable al bis instance or would have been void or voidable at his instance but for the enactment of this Ordinance,
uny
(2) A defondant shall be entitled to rely upon defence not inconsistent with this Ordinance upon which he would have been entitled to rely had this Ordinance not been passed.
10. (1) The Chief Justice may make general rules and orders kulcs. subject to the approval of the Legislative Council, for regulating-
(a) the practice and procedure of the Court in respect of proceedings of any kind under this Ordinance;
(b) the forms to be used;
(c) Court foes; the fees of counsel and the costs of
solicitors;
(d) generally for the better carrying out of the provisions of this Ordinance relating to legal proceedings and relating to the carrying out of the orders and directions of the Supreme Court.
(2) Until such rules and orders are made and in as far as the same may make no provision the rules and orders, practice and procedure, forms and fees for the time being in force in the Supreme Court in its original or summary jurisdiction as the case may be shall be deemed to be in force with such modifications as the cirenmastances may require.
the true
11. Whenever, by reason of the regulations practice or pro- Provision cedure applicable to the Japanese House Registration Office, or for instru by reason of the absence of parties, or for any other reason which meat the Court shall leem aufficient, a conveyance assignment or other carrying out disposition of any land house or building, executed during the intention Japanese occupation otherwise than by way of mortgage or of the re-assignment, was not registered at the Japanese Пouse Registra- parties and tion Office and such conveyance assignment or other disposition a regis was, by reason of not being under seal, or owing to the parcels ered in the being incorrectly described, or through any defect in form or Japanese otherwise, inoperative, according to the law in force in the Colony House Regis immediately prior to the Japanese occupation, to carry out the office.
which were
uration
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