PART IIIHIGH COURT

General Provisions as to Procedure

Notice to persons affected by mortgage proceedings15

1

Where a mortgagee applies for leave to exercise any of the rights or remedies mentioned in subsection (2) of section 2, he shall, on applying at the chambers of the judge for an appointment to hear the application, leave at chambers with a copy of the summons a statement showing—

a

the name of any person, not being a respondent to the summons, who would, to the knowledge of the applicant, be affected by the exercise of the right or remedy;

b

what the interest of that person is in the mortgaged property, and

c

if known to the applicant, whether that person is for the time being performing a period of relevant service,

and the court or a judge may direct that such person or any other person who the court or judge may think would be affected by the granting of the application shall be given notice of the application.

2

Any person to whom notice is given and any other person claiming to be affected may apply by summons in the proceedings for a declaratory order in respect of the exercise of the right or remedy.