1144
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
with action of immovable property. O. 18, r. 2.
arrears of rent, or double value in respect of the premises. for recovery claimed or any part thereof, and damages for breach of any contract under which the same or any part thereof are held or for any wrong or injury to the premises claimed: Provided that nothing in this Chapter shall prevent any plaintiff in an action for foreclosure or redemption from asking for or obtaining an order against the defendant for delivery of the mortgaged property to the plaintiff on or after the order absolute for foreclosure or redemption, as the case may be, and such an action for foreclosure or redemption and for such delivery of possession shall not be deemed an action for the recovery of immovable property within the meaning of this Chapter: Provided, also, that in case any mortgage security is foreclosed by reason of the default to redeem by any plaintiff in a redemption action, the defendant in whose favour such foreclosure has taken place may, by motion or summons, apply to the court for an order for the delivery to him of possession of the mortgaged property, and such order may be made thereupon as the justice of the case may require.
Claims by trustee in bankruptcy. 105. Claims by a trustee in bankruptcy as such shall not, except by leave of the court, be joined with any claim by him in any other capacity.
O. 18, r. 3.
Claims by or against husband and wife. 106. Claims by or against husband and wife may be joined with claims by or against either of them separately.
O. 18, r. 4.
Claims by or against executor or administrator. 107. Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.
O. 18, r. 5.
Claims by joint plaintiffs. O. 18, r. 6.
Provision as to ss. 106-8. O. 18, r. 7.
108. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant.
109. Sections 106, 107 and 108 shall be subject to sections 103 and 110.
* As amended by Law Rev. Ord., 1924.
1144
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
with action
of immovable property. 0. 18, r. 2.
arrears of rent, or double value in respect of the premises. for recovery claimed or any part thereof, and damages for breach of any contract under which the same or any part thereof are held or for any wrong or injury to the premises claimed: Provided that nothing in this Chapter shall prevent any plaintiff in an action for foreclosure or redemption from asking for or obtaining an order against the defendant for delivery of the mortgaged property to the plaintiff on or after the order absolute for foreclosure or redemption, as the case may be, and such an action for foreclosure or redemp- tion and for such delivery of possession shall not be deemed an action for the recovery of immovable property within the meaning of this Chapter: Provided, also, that in case any mortgage security is foreclosed by reason of the default to redeem by any plaintiff in a redemption action, the defendant in whose favour such foreclosure has taken place may, by motion or summons, apply to the court for an order for the delivery to him of possession of the mortgaged property, and such order may be made thereupon as the justice of the case may require.
Claims by trustee in
105. Claims by a trustee in bankruptcy as such shall not, bankruptcy. except by leave of the court, be joined with any claim by
him in any other capacity.
O. 18, r. 3.
Claims by or against
106. Claims by or against husband and wife may be joined husband and with claims by or against either of them separately.
wife.
O. 18, r. 4.
Claims by or against
executor or
107. Claims by or against an executor or administrator as such may be joined with claims by or against him personally, administrator. provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.
.0. 18, r. 5.
Claims by joint plain- tiffs.
O. 18, r. 6.
Provision as to ss. 106-8. O. 18, r. 7.
*
108. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant.
109. Sections 106, 107 and 108 shall be subject to sec- tions 103 and 110.
* As amended by Law Rev. Ord., 1924.
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