CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1237
P: 27.
appears.
507. Where a person not named as defendant in a writ of summons for the recovery of immovable property has obtained 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.
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.
(2) Such notice shall be served within four days after appearance; and an appearance where the defence is not so limited shall be deemed an appearance to defend for the whole property.
509. No defendant in an action for the recovery of immovable property who is in possession by himself or by his tenant need plead his title, unless his defence depends on an equitable estate or right or he claims relief on any equitable ground against any right or title asserted by the plaintiff. But, except in the cases hereinbefore mentioned, it shall be sufficient to state by way of defence that he is so in possession, and it shall be taken to be implied in such statement that he denies, or does not admit, the allegations of fact contained in the plaintiff's statement of claim.
He may, nevertheless, rely on any ground of defence which he can prove, except as hereinbefore mentioned.
Action of ejectment.
510. Every tenant to whom any writ in ejectment is delivered, or to whose knowledge it comes, shall forthwith give notice thereof to his landlord or his agent, under penalty forfeiting the value of three years improved or rack rent of the premises demised or held in the possession of such tenant to the person of whom he holds, to be recovered by action in any court having jurisdiction for the amount.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1237
P: 27.
appears.
507. Where a person not named as defendant in a writ Procedure of summons for the recovery of immovable property has not named as where person obtained leave of the court to appear and defend, he shall defendant 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 appear- ance to the plaintiff's solicitor or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as aparty defendant to the action.
of
508.—(1) Any person appearing to a writ of summons Limitation of for the recovery of immovable property shall be at liberty to defence to limit his defence to a part only of the property mentioned. in proport the writ, describing that part with reasonable certainty in O. 12, r. 28. his memorandum of appearance, or in a notice entitled in the action and signed by him or his solicitor.
(2) Such notice shall be served within four days after appearance; and an appearance where the defence is not so limited shall be deemed an appearance to defend for the whole property.
509. No defendant in an action for the recovery of im- Plea of movable property who is in possession by himself or by his possession. tenant need plead his title, unless his defence depends on an O. 21, r. 21. equitable estate or right or he claims relief on any equitable ground against any right or title asserted by the plaintiff. But, except in the cases hereinbefore mentioned, it shall be sufficient to state by way of defence that he is so in sion, and it shall be taken to be implied in such statement posses- that he denies, or does not admit, the allegations of fact contained in the plaintiff's statement of claim.
He may, nevertheless, rely on any ground of defence which he can prove, except as hereinbefore mentioned.
Action of ejectment.
notice to
510. Every tenant to whom any writ in ejectment is Duty of delivered, or to whose knowledge it comes, shall forthwith tenant to give give notice thereof to his landlord or his agent, under penalty landlord of forfeiting the value of three years improved or rack rent of writ in of the premises demised or held in the possession of such 15 & 16 Viet. tenant to the person of whom he holds, to be recovered by c. 76, s. 209. action in any court having jurisdiction for the amount.
ejectment.
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