1248
No. 3 of 1901.
Service of writ of summons in case of vacant possession.
0.9 r. 9.
Action for recovery of immovable property to the Crown.
Appearance by person in possession. 0.12 r. 25.
Appearance by landlord. ib. r. 26.
Procedure where person not named appears. ib. r. 27.
CODE OF CIVIL PROCEDURE.
CHAPTER XXI.
ACTION FOR RECOVERY OF IMMOVABLE PROPERTY.
503. In an action for the recovery of immovable property, service of the writ of summons may, in case of vacant possession, when it cannot otherwise be effected, be made by posting a copy of the writ upon the door of the dwelling house or other conspicuous part of the property.
504. The Attorney General may lawfully institute and prosecute in his own name an action for recovering unto the Crown any immovable property claimed by the Crown and whereof the Crown is not in actual possession.
505. Any person not named as a defendant in a writ of summons for the recovery of immovable property may, by leave of the Court, appear and defend, on filing an affidavit showing that he is in possession of the property either by himself or by his tenant.
506. Any person appearing to defend an action for the recovery of immovable property as landlord, in respect of property whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord.
507. Where a person not named as defendant in a writ of summons for the recovery of immovable property has obtained as defendant leave of the Court to appear and defend, he shall enter an appearance, according to the provisions of Chapter I, entitled in the action against the party named in the writ as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the action.
Defence to part of property.
Limitation of 508. (1) Any person appearing to a writ of summons for the recovery of immovable property shall be at liberty to limit his defence to a part only of the property mentioned in the writ, describing that part with reasonable certainty in his memorandum of appearance, or in a notice entitled in the action and signed by him or his solicitor.
ib. r. 28.
(2) Such notice shall be served within 4 days after appearance; and an appearance where the defence is not so limited shall be deemed an appearance to defend for the whole property.
1248
No. 3 of 1901.
Service of writ of sum-
mons in case
of vacant possession.
0.9 r. 9.
Action for recovery of immovable property to the Crown.
Appearance by person in possession. 0.12 r. 25.
Appearance by landlord. ib. r. 26.
Procedure
where person not named
appears. ib. r. 27.
CODE OF CIVIL PROCEDURE.
CHAPTER XXI.
ACTION FOR RECOVERY OF IMMOVABLE PRORERTY.
503. In an action for the recovery of immovable property, ser- vice of the writ of summons may, in case of vacant possession, when it cannot otherwise be effected, be made by posting a copy of the writ upon the door of the dwelling house or other conspi· cuous part of the property.
504. The Attorney General may lawfully institute and prosecute in his own name an action for recovering unto the Crown any immovable property claimed by the Crown and whereof the Crown is not in actual possession.
505. Any person not named as a defendant in a writ of summons for the recovery of immovable property may, by leave of the Court, appear and defend, on filing an affidavit showing that he is in possession of the property either by himself or by his tenant.
506. Any person appearing to defend an action for the recovery of immovable property as landlord, in respect of property whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord.
507. Where a person not named as defendant in a writ of summons for the recovery of immovable property has obtained as defendant leave of the Court to appear and defend, he shall enter an appear- ance, according to the provisions of Chapter I, entitled in the ac- tion against the party named in the writ as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the action.
defence to
part of
property.
Limitation of 508. (1) Any person appearing to a writ of summons for the recovery of immovable property shall be at liberty to limit his de- fence to a part only of the property mentioned in the writ, describ- ing that part with reasonable certainty in his memorandum of appearance, or in a notice entitled in the action and signed by him or his solicitor.
ib. r. 28.
(2) Such notice shall be served within 4 days after appearance; and an appearance where the defence is not so limited shall be deemed an appearance to defend for the whole property.
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