Order 49 — Foreclosure and Redemption
Rule 1 Originating Summons for foreclosure and redemption
Any mortgagee or mortgagor, whether legal or equitable, or any person:
(a) entitled to or having a property subject to a legal or equitable charge, or
(b) having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out an Originating Summons for any of the following reliefs as may be specified and as the circumstances of the case may require:
(a) payment of money secured by the mortgage or charge;
(b) sale;
(c) foreclosure;
(d) delivery of possession, whether before or after foreclosure, to the mortgagee or person entitled to the charge, by the mortgagor or person having the property subject to the charge, or by any other person in or alleged to be in possession of property;
(e) redemption;
(f) re-conveyance; or
(g) delivery of possession by the mortgagee.
Rule 2 Forms for foreclosure and redemption. Civil Forms 37, 38 and 39
(1) Orders for payment and for possession shall be as in Forms 37, 38 and 39 of this Rule with such variations as the circumstances of the case may require.
(2) The Forms shall be used under corresponding circumstances in actions commenced by Writ for the same relief.
Rule 3 Service and execution of Judgement
The Judge may give any special directions concerning the execution of the Judgment, or the service thereof upon persons not parties to the cause or matter as he deems fit.