CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1193
269. The provisions of section 267 shall apply to inspection by a jury, and in such case the Court may make all such orders upon the Registrar or other person as may be necessary to procure the attendance of a special or common jury at such time and place and in such manner as it may think fit.
0.50 r. 5.
270.-(1) An application for an order under section 11 of the Law Amendment Ordinance, 1901, or under section 266 or section 267 of this Code, may be made to the Court by any party. If the application is by the plaintiff for an order under the said section 11 it may be made either ex parte or with notice, and if for an order under the said sections, it may be made after notice to the defendant at any time after the issue of the writ of summons, and if it is by any other party, then on notice to the plaintiff and at any time after appearance by the party making the application.
(2) An application for an order under section 265 may be made by the plaintiff at any time after his right thereto appears from the pleadings, or, if there are no pleadings, is made to appear by affidavit or otherwise, to the satisfaction of the Court.
ib. r. 7.
271. Where an action is brought to recover, or a defendant seeks by way of counterclaim to recover, specific property other than immovable property, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court may, at any time after such last-mentioned claim appears from the pleadings, or, if there are no pleadings, by affidavit, or otherwise, to the satisfaction of the Court, order that the party claiming to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum, if any, for interest and costs as the Court may direct, and that, on such payment into Court being made, the property claimed be given up to the party claiming it.
ib. r. 8.
[s. 272, rep. No. 43 of 1912 Supp. Sched.]
273. Where, in an action for the administration of the estate of a deceased person or the execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, ib. r. 10.
*As amended by No. 43 of 1912 Supp. Sched.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1193
269. The provisions of section 267 shall apply to inspection by a Inspection jury, and in such case the Court may make all such orders
by jury. upon the
0.50 r. 5. Registrar or other person as may be necessary to procure the attend- ance of a special or common jury at such time and place and in such manner as it may think fit.
mandamus,
ib. r. 6.
[No. 2 of
270.-(1) An application for an order under section 11 of Application the Law Amendment Ordinance, 1901, or under section 266 or for order of section 267 of this Code, may be made to the Court by any party. etc. If the application is by the plaintiff for an order under the said section 11 it may be made either ex parte or with notice, and 1901.] if for an order under the said sections, it may be made after notice to the defendant at any time after the issue of the writ of summons, and if it is by any other party, then on notice to the plaintiff and at any time after appearance by the party making the application.
(2) An application for an order under section 265 may be made ib.r.7. by the plaintiff at any time after his right thereto appears from the pleadings, or, if there are no pleadings, is made to appear by affidavit or otherwise, to the satisfaction of the Court.
*
specific pro-
perty, other
than immovable
property subject to
lien, etc.
271. Where an action is brought to recover, or a defendant seeks Order for by way of counterclaim to recover, specific property other than recovery of immovable property, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien or other wise as security for any sum of money, the Court may, at any time after such last-mentioned claim appears from the pleadings, or, ib. r. 8. if there are no pleadings, by affidavit, or otherwise, to the satisfaction of the Court, order that the party claiming to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum, if any, for interest and costs as the Court may direct, and that, on such payment into Court being made, the property claimed be given up to the party claiming it.
[s. 272, rep. No. 43 of 1912 Supp. Sched.]
estate.
273. Where, in an action for the administration of the estate of Conduct of a deceased person or the execution of the trusts of a written instru- sale of trust ment, a sale is ordered of any property vested in any executor, ib. r. 10.
*As amended by No. 43 of 1912 Supp. Sched.
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