Order 52 — Foreclosure and Redemption

Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out an originating summons, for such relief of the nature or kind following as may by the summons be specified, and as the circumstances of the case may require, that is:

(a) payment of moneys 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 the property;

(e) redemption;

(f) reconveyance;

(g) delivery of possession by the mortgagee.

Orders for payment and for possession shall be in Forms 34, 35 and 36 of these Rules with such variations as the circumstances of the case may require, and the like Forms shall be used under corresponding circumstances in actions for the like relief commenced by writ.

The Court may give any special directions concerning the execution of the judgement, or the service thereof upon persons not parties to the cause or matter as it deems fit.