O.II. R. 4: Only Certain Claims to be Joined for Recovery of Immovable Property: No cause of action shall, unless with the leave of the court , be joined with a suit for the recovery of immovable property except: Claims for mesne profits or arrears of rent in respect of the property claimed or any part thereof Claims for damages for breach of any contract under which the property or any part thereof is held ; and Claims in which the relief sought is based on the same cause of action: Provided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or redemption from asking to be put into possession of the mortgaged property Explanation: This rule deals with joinder of claims, and is merely enabling : Objection to joinder should be taken in terms of Rule 7 This rule is only applicable to suits for the recovery of immovable property Such claims can only be joined with claims specified in clauses (a) to (c) If it is sought to join any other type of claim the leave of the court should be obtained, before or after the institution of the suit The rule does not prohibit the joining together of several causes of action entitling the plaintiff to recover several properties Or the joinder of several claims arising out of the same cause of action excepting those mentioned in clauses (a) to (c)
Posted on: Sat, 15 Jun 2013 19:47:27 +0000
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