DIAGRAMA REPRESENTATIVO DE LA OBRA EN LOS SILOS DE CEMENTOS LIMA, Atocongo

INTERLOCUTORY ORDERS AS TO MANDAMUS, INJUNCTIONS OR INTERIM PRESERVATION OF PROPERTY

Interpretation

387 In this Part “property” includes money. Gaz. Dec. 5/86. New.

Applications, how made

387A Subject to the provisions of The Queen’s Bench Act, interim orders for mandamus

or an injunction or the appointment of a receiver or for the interim preservation of property may be made by the court on an ex parte application or upon notice as the court may direct. R. 387. Gaz. Dec. 5/86. New.

Interim preservation of property

388 Where there is a dispute arising upon a contract or any alleged contract affecting the title to any property the court may make an order for the preservation or interim custody of such property, or may order that the amount in dispute be brought into court or otherwise secured, or may order the sale of the property and the payment of the proceeds into court, without prejudice to the rights of any party to the action. R. 388.

Order for early trial to avoid going into merits on interlocutory applications

389 Whenever an application shall be made before trial for an injunction or other order, and on the opening of such application or at any time during the hearing thereof, it shall appear to the court that the matter in controversy in the cause or matter is one which can be most conveniently dealt with by an early trial, without first going into the whole merits on affidavit or other evidence for the purposes of the application, the court may make an order for such trial accordingly, and direct such trial to be held at the next or any other sittings for any place, if from local or other circumstances, it shall appear to be convenient so to do, and in the meantime, to make such order as the justice of the case may require. R. 389

Detention, preservation or inspection of property

390 The court may upon the application of any party to a cause or matter and upon such terms as may be just make an order for the detention or preservation of any property or thing, being the subject of such cause or matter, or which may be evidence on any issue arising therein and may make an order for the inspection of any such property by either of the parties or their respective agents, and may permit the same to be photographed; and for all or any of the purposes aforesaid may authorize any person or persons to enter upon or into any land or building in the possession of any party to such cause or matter and for all or any of the purposes aforesaid may authorize any samples to be taken or any observations to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence: provided that no order shall be made for the detention or preservation of any property or any part thereof which shall prejudice any party in his business, profession, trade or calling, unless full compensation is paid by the applicant before such order is issued. R. 390.

Application for preservation and inspection

391 An application for an order under Rule 390 may be made to the court by any party. If the application be by the plaintiff, it may be made after notice to the defendant at any time after the issue of the writ of summons, and if it be made by any other party, then on notice to the plaintiff, and at any time after appearance by the party making the application. R. 391.

Order for delivery of specific chattel claimed under lien or payment into court

392 Where an action or counterclaim seeks recovery of specific property other than land, and the party from whom recovery is sought does not dispute the title of the party seeking to recover the property, but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the court may, at any time after that claim appears from the pleadings or proceedings, order:

(a) that the party claiming to recover the property may pay into court the amount of money with respect to which the lien or security is claimed, and any further sum for interest and costs that may be directed; and

(b) that the property claimed be given up to the party claiming it, on payment into court of the moneys and further sum mentioned in clause (a). R. 392. Gaz. Dec. 13, 2002. New.

Allowance out of estate pendente lite

393 Where any real or personal estate forms the subject of any proceedings in the court and the court is satisfied that the same will be more than sufficient to answer all the claims thereon which ought to be provided for in such proceedings, the court may, at any time after the commencement of the proceedings, allow to the parties interested therein, or to any one or more of them, the whole or part of the annual income of the real estate or a part of the personal estate, or the whole or part of the income thereof, up to such times as the court shall direct. R. 393.

Injunction against wrongful act or breach of contract

394 In any cause or matter in which an injunction has been, or might have been claimed, the plaintiff may, before or after judgment, apply for an injunction to restrain the defendant or respondent from the repetition or continuance of the wrongful act or breach of contract complained of, or from the commission of any injury or breach of contract of a like kind relating to the same property or right, or arising out of the same contract; and the court may grant the injunction, either upon or without terms, as may be just. R. 394.

Mandamus to be claimed in statement of claim

395 The plaintiff, in any action in which he shall claim a mandamus to command the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested, shall include such claim in his statement of claim. R. 394.