File 951/1912 Pt 2 'Bahrein Order in Council' [‎205r] (414/534)

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88. No cause, suit, or matter carnVrl nn m
compromise J on any account whatever vvithout or defendant shall be
Judge in Chambers. "itnout leave first had and obtained from the
Chapter X.~ Originating Summons.
89. Hie executors or aclminisfvntnvc nf n a i
trustees under any deed or instrument or anv i3ers ? u ’ or an 7 of them, and the
interested in the relief sought asTrediC deisee tZ’ Z ^ P ? rS ° n claimin ^ to be
or as cestui qui trust under the trust of ’anv ueerl • ee, , ^ e11, or t e g ai representative,
assignment, or otherwise, under anv such creditor 1 ms t rument ’ or as claiming by
take out. as of course, ak uZl f 1 ' 80 ? as af °resaid ; may
Chambers for such relief of the nature or kind folio™ 6 0e ^ ore t,ie Judge sitting in
specified, and the circumstances
SSt- ““ “**“ - »<.. S;“; s
(«.) Any question affecting the rights or interest of the person claiming to be
creditor, devisee, legatee, legal representative, or cestui qui trust
(b.) ihe ascertainment of any class of creditors, devisees, legatees, le<>-al repre-
sentatives, or others. ’ 6 ’ 3
(c .)The furnishing of any particular accounts by the executors, administrators, or
trustees, and the vouching (wdien necessary) of such accounts.
(d.) The payment into Court of any moneys in the hands of the executors
administrators, or trustees. ’
. ( e -) directing the executors, administrators, or trustees to do, or abstain from
doing, any particular act in their character as such executors, administrators, or
trustees.
(/.) The approval of any sale, purchase, compromise or other transaction.
(.?•) determination of any question arising in the administration of the estate
or trust.
No compromise
without leave of
Court.
Who may take
out originating'
summons and in
respect of what
matters.
90. Any of the persons named in the last preceding liule may, in like manner. Order for
apply for and obtain an order for — 1 , administration of
estate or of the
(a.) The administration of the estate of the deceased; trust -
(b.) The administration of the trust.
91. A vendor or purchaser of immovable property or their representatives
respectively may, at any time or times, and from time to time, take out an originating
summons returnable before the Judge sitting in Chambers, for the determination of
any question which may arise in respect of any requisitions or objections, or any
claim for compensation, or any other question arising out of or connected with the
contract (not being a question affecting the existence or validity of the contract).
92. 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 as of course an originating summons, returnable before the Judge in
Chambers, for such relief of the nature or kind following as may by the summons lie
specified, and as the circumstances of the case may require; that is to say, sale,
foreclosure, delivery of possession by the mortgagor, redemption, reconveyance,
delivery of possession by the mortgagee.
93. When the existence of the partnership or the right to, or the tact of the
dissolution thereof, is not in dispute, any partner in a firm or his representatives may
takeout an originating summons returnable before the Judge sitting in Chambers
against his partners, or former partners, or their representatives ^ (if any) for e
purpose of having the partnership dissolved (if it be still subsisting) anc or le
purpose of taking the accounts of, and winding up, such partnership. ^
94. Any person claiming to be interested under a deed, will, or o ei un on
instrument, may apply in Chambers by originating summons for the determination or
an y question of construction arising under the instrument, and foi ic ec aia ion
the rights of the person interested. . , „
95. The Court or Judge shall not he bound to determine an} sue 9
construction if in their or. his opinion, it ought not to he determined on online n
summons.
Vendor or
purchaser may
take out summons.
Mortgagee or
mortgagor may
take out such
summons.
When a partner
may take out
such summons.
Persons interested
under deed, &c.,
may take out such
a summons.
Court not bound
to determine
question of
construction.
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