2. (1) On the application of any party to an action, the Court may make an order for the detention, custody or preservation of any property which is the subject-matter of the action or as to which an question may arise therein or for the inspection of any such property in the possession of a party to the action. (2) For the purpose of enabling any order under paragraph (1) of this rule to be carried out, the Court may by the order authorise any person to enter upon any land or building in the possession of any party to the action. (3) Where the right of any party to a specific fund is in dispute in an action, the Court may, on the application of the party, order the fund to be paid into court or otherwise secured. (4) An order under this rule may be made on such terms, if any, as the Court thinks just. (5) An application for an order under this rule shall be made by summons or motion on notice. (6) Unless the Court otherwise directs, an application by the defendant for such an order may not be made before he enters an appearance. 3. (1) Where it considers it necessary or expedient for the purpose of obtaining full information or evidence in any action, the Court may, on the application of a party and on such terms, if any, as it thinks just, by order authorise or require any sample to be taken of any property which is the subject-matter of the action or as to which any question may arise therein, any observation to be made on such property or any experiment to be tried on or with such property. (2) For the purpose of enabling any order under paragraph (1) of this rule to be carried out, the Court may by order authorise any person to enter any land or building in the possession of any party. (3) Paragraphs (5) and (6) of rule 2 of this Order, shall apply in relation to an application for an order under this rule as they apply in relation to an application for an order under that rule. 4. (1) The Court may, on the application of any party, make an order for the sale by such person, in such manner and on such terms (if any) as may be specified in the order, of any property (other than land) which is the subject-matter of the action or as to which any question arises therein and which is of a perishable nature or likely to deteriorate if kept or which for any other reason it is desirable to sell forthwith. (2) Paragraphs (5) and (6) of rule 2 of this Order, shall apply in relation to an application for an order under this rule as they apply in relation to an application for an order under that rule. 5. (1) Where on the hearing of an application made before the trial of a cause or matter, for an injunction or appointment of a receiver or an order under rule 2, 3 or 4 of this Order or it appears to the Court that the matter in dispute can be better dealt with by an early trial than by considering the whole merit thereof for the purposes of the application, the Court may make an order accordingly and may also make such order as respects the period before trial as the justice of the case requires. (2) Where the Court makes an order for an early trial, it shall by the order determine the place and mode of the trial. 6. Where the plaintiff or the defendant by way of counter-claim, claims the recovery of specific property (other than land) and the party from whom recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court, at any time after the claim to be so entitled appears from the pleadings (if any) or by affidavit or otherwise to its satisfaction, may order that the party seeking to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the security is claimed and such further sum if any for interests and costs as the Court may direct and that, upon such payment made, the property claimed be given up to the party claiming it, being but subject to the provisions of the Exchange Control Act. 7. Where an application is made under any of the foregoing provisions of this Order, the Court may give directions as to the further proceedings in the action. 8. Where any real or personal property forms the subject-matter of proceedings and the Court is satisfied that it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents