The Reserve and Auxiliary Forces (Protection of Civil Interests) Rules 1951

Notice to person affected by mortgage proceedings

32.—(1) Where a mortgagee applies for leave to exercise any of the rights or remedies mentioned in subsection (2) of section 2, he shall include in his application 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 registrar may direct that such person, or any other person who the registrar may think would be affected by the granting of the application, be given notice of the application.

(2) On the filing of an application which includes a statement under paragraph (1) of this Rule, the registrar may, after entering the application in the books of the court but before fixing a day for the hearing of the application, fix a day for the consideration by him of the question what persons (if any) are to be given notice of the application.

(3) Any person to whom notice is given and any other person claiming to be affected may apply on notice under Order XIII, Rule 1, for a declaratory order in respect of the exercise of the right or remedy.