CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
859
1
face of the mortgage or are admitted on the other side; or to any case where the right of redemption to the mortgaged property in question in any action is controverted or questioned by or between different defendants in the same action; or shall be any prejudice to any subsequent mortgage or incumbrance.
*
645. Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out as of course an originating summons, returnable in chambers, for such relief of the nature or kind following as may by the summons be specified and as the circumstances of the case may require; that is to say—
payment of moneys secured by the mortgage or charge, sale, foreclosure, delivery of possession, whether before or after foreclosure, by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee.
646. The persons to be served with the summons under section 645 shall be such persons as would be the proper defendants to an action for the like relief as that specified by the summons.
O. 55, r. 5B.
Assistance of experts.
647.—(1) A judge in chambers may, in such way as he thinks fit, and, with the consent of all parties, in any action and at any time before judgment, obtain the assistance of any accountant, merchant, engineer, actuary or other scientific person, the better to enable any matter at once to be determined, and he may act upon the certificate of any such person.
(2) The allowances in respect of fees to such person shall be regulated by the Registrar, subject to an appeal to the judge, whose decision shall be final.
Proceedings relating to infants, etc.
648. On any application for the appointment of a guardian of an infant and for an allowance for the maintenance of an infant the evidence shall show—
(a) the age of the infant;
(b) the nature and amount of the infant's fortune and income; and
* As amended by Law Rev. Ord., 1939.
O. 55, r. 25.
Page 165
Page 166
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
859
1
face of the mortgage or are admitted on the other side; or to any case where the right of redemption to the mortgaged property in question in any action is controverted or questioned by or between different defendants in the same action; or shall be any prejudice to any subsequent mortgage or incumbrance.
*
645. Any mortgagee or mortgagor, whether legal or equit- Originating able, or any person entitled to or having property subject to summons for
sale, fore- a legal or equitable charge, or any person having the right to closure, etc. foreclose or redeem any mortgage, whether legal or equitable, 0. 55, r. 5A. may take out as of course an originating summons, returnable in chambers, for such relief of the nature or kind following as may by the summons be specified and as the circumstances of the case may require; that is to say—
payment of moneys secured by the mortgage or charge, sale, foreclosure, delivery of possession, whether before or after foreclosure, by the mortgagor, redemption, reconvey- ance, delivery of possession by the mortgagee.
be served
646. The persons to be served with the summons under Persons to section 645 shall be such persons as would be the proper with defendants to an action for the like relief as that specified by summons.
O. 55, r. 5B. the summons.
Assistance of experts.
obtain as-
647.—(1) A judge in chambers may, in such way as he Power to thinks fit, and, with the consent of all parties, in any action judge to and at any time before judgment, obtain the assistance of any sistance of accountant, merchant, engineer, actuary or other scientific accountant, person, the better to enable any matter at once to be determined, 0.55, r、 and he may act upon the certificate of any such person.
(2) The allowances in respect of fees to such person shall be regulated by the Registrar, subject to an appeal to the judge, whose decision shall be final.
Proceedings relating to infants, etc.
648. On any application for the appointment of a guardian of an infant and for an allowance for the maintenance of an infant the evidence shall show-
(a) the age of the infant;
etc.
19.
Evidence on application for appoint. ment of guardian and for
(b) the nature and amount of the infant's fortune and in- mainten- come; and
* As amended by Law Rev. Ord., 1939.
ance.
0. 55, r. 25.
Page 165Page 166
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