1244
Stay of action. O. 57, r. 6.
Order upon summons. O. 57, r. 7.
Disposal of claims in summary manner. O. 57, r. 8. [cf. s. 535.]
Decision of question of law. O. 57, r. 9.
Failure of claimant to appear or refusal to comply with order. O. 57, r. 10.
Finality of order. O. 57, r. 11.
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
530. If the application is made by the defendant in an action, the court may stay all further proceedings in the action.
531. If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.
532. The court may, with the consent of both claimants or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the merits of their claims and decide the same in a summary manner and on such terms as may be just.
533. Where the question raised by the claims is a question of law and the facts are not in dispute, the court may either decide the question without directing the trial of an issue or order that a special case be stated for the opinion of the court.
534. If a claimant, having been duly served with a summons calling on him to appear and maintain or relinquish his claim, does not appear in pursuance of the summons or, having appeared, refuses or neglects to comply with any order made after his appearance, the court may make an order declaring him and all persons claiming under him for ever barred against the applicant and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves.
535. Except where any enactment otherwise provides, the judgment in any action or on any issue ordered to be tried or stated in an interpleader proceeding, and the decision of the court in a summary way, under section 532, shall be final and conclusive against the claimants, and all persons claiming under them, except by special leave of the court or of the [cf. No. 27 of 1912.] Full Court.
1
1244
Stay of
action. O. 57, r. 6.
Order upon summons.
0. 57, r. 7.
Disposal of claims in
summary manner.
0. 57, r. 8. [cf. s. 535.]
Decision of question of law.
0. 57, r. 9.
Failure of
claimant to
appear or refusal
to comply with order. 0.57,
r. 10.
Finality of order.
O. 57, r. 11.
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
530. If the application is made by the defendant in an action, the court may stay all further proceedings in the action.
531. If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.
532. The court may, with the consent of both claimants or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the merits of their claims and decide the same in a summary manner and on such terms as may be just.
533. Where the question raised by the claims is a ques- tion of law and the facts are not in dispute, the court may either decide the question without directing the trial of an issue or order that a special case be stated for the opinion of the court.
534. If a claimant, having been duly served with a summons calling on him to appear and maintain or relinquish his claim, does not appear in pursuance of the summons or, having appeared, refuses or neglects to comply with any order made after his appearance, the court may make an order declaring him and all persons claiming under him for ever barred against the applicant and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves.
535. Except where any enactment otherwise provides, the judgment in any action or on any issue ordered to be tried or stated in an interpleader proceeding, and the decision of the court in a summary way, under section 532, shall be final and conclusive against the claimants, and all persons claim- ing under them, except by special leave of the court or of the [cf. No. 27 of 1912.]
Full Court.
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