ORDER
31
SALES, ETC., OF IMMOVABLE PROPERTY
BY
ORDER OF COURT
Power to order sale of immovable property (O. 31,
r. 1)
1.
Where
in any cause or matter relating to any immovable property it appears
necessary or expedient for the purposes of the cause or matter that
the property or any part thereof should be sold, the Court may order
that property or part to be sold, and any party bound by the order
and in possession of that property or part, or in receipt of the
rents and profits thereof, may be compelled to deliver up such possession
or receipt to the purchaser or to such other person as the Court
may direct.
Manner of carrying out sale (O. 31, r. 2)
2.
—(1)
Where
an order is made, whether in Court or in Chambers, directing any immovable
property to be sold, the Court may permit the party or person having
the conduct of the sale to sell the property in such manner as he
thinks fit, or may direct that the property be sold in such manner
as the Court may either by the order or subsequently direct for
the best price that can be obtained, and all proper parties shall join
in the sale and conveyance as the Court shall direct.
(2)
The Court may give such directions
as it thinks fit for the purpose of effecting the sale, including,
without prejudice to the generality of the foregoing words, directions —(a)
appointing the party or person who
is to have the conduct of the sale;
(b)
fixing the manner of sale, whether
by contract conditional on the approval of the Court, private treaty,
public auction, tender or some other manner;
(c)
fixing a reserve or minimum price;
(d)
requiring payment of the purchase
money into Court or to trustees or other persons;
(e)
for settling the particulars and conditions
of sale;
(f)
for obtaining evidence of the value
of the property;
(g)
fixing the security (if any) to be
given by the auctioneer, if the sale is to be by public auction,
and the remuneration to be allowed him; and
(h)
requiring the title to be referred
to an advocate and solicitor for his opinion thereon and to settle
the particulars and conditions of sale.
Certifying result of sale (O. 31, r. 3)
3.
—(1)
If
either the Court has directed payment of the purchase money into
Court or the Court so directs, the result of a sale by order of
the Court must be certified in Form 59 —(a)
in the case of a sale by public auction,
by the auctioneer who conducted the sale; and
(b)
in any other case, by the solicitor
of the party or person having the conduct of the sale,
and the Court may require the certificate
to be verified by the affidavit of the auctioneer or solicitor,
as the case may be.
(2)
The solicitor of the party or person
having the conduct of the sale must file the certificate and affidavit
(if any) in the Registry.
Mortgage, exchange or partition under order of the
Court (O. 31, r. 4)
4.
Rules
2 and 3 shall, so far as applicable and with the necessary modifications, apply
in relation to the mortgage, exchange or partition of any immovable
property under an order of the Court as they apply in relation to
the sale of any immovable property under such an order.
Reference of matters to an advocate and solicitor
(O. 31, r. 5)
5.
The
Court may refer to an advocate and solicitor —(a)
any matter relating to the investigation
of the title to any property with a view to an investment of money
in the purchase or on mortgage thereof, or with a view to the sale
thereof;
(b)
any matter relating to the settlement
of a draft of a conveyance, mortgage, settlement or other instrument;
and
(c)
any other matter it thinks fit, and
may act upon his opinion in the matter referred.
Objection to opinion of advocate and solicitor (O.
31, r. 6)
6.
Any
party may object to the opinion given by the advocate and solicitor
on a reference under Rule 5, and if he does so the point in dispute
shall be determined by the Judge either in Chambers or in Court
as he thinks fit.