Περί Ακίνητου Ιδιοκτησίας (Διακατοχή, Εγγραφή και Εκτίμηση) Κανονισμός του 1956 (622/1956)

1. These Rules may be cited as the Immovable Property (Tenure, Registration and Valuation) Rules, 1956.

2.-(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:-

"Civil Procedure Rules" means the Civil Procedure Rules or any rules amending or substituted for the same;

"the Court" means the District Court of the district in which the immovable property is situate or any member thereof having jurisdiction;

"Director" means the Director of Lands and Surveys, and includes any officer duly appointed by him for all or any of the purposes of these Rules either generally or for any particular purpose;

"the Law" means the Immovable Property (Tenure, Registration and Valuation) Law;

"office copy" means a sealed copy or translation of any document lodged, filed or kept in, or issued out of a court registry, certified to be a true copy or translation by the Registrar of that registry;

"Registrar" means the Registrar of the Court and includes a Senior Registrar or an Assistant Registrar attached to such Court.

(2) A form referred to by number means the Form so numbered in the Appendix to these Rules.

(3) The Interpretation Law shall apply to the interpretation of these Rules as at applies to the interpretation of a law.

3. An application to te Court under sub-section (1) of section 45 and sub-section (3) of section 48 of the Law, for a declaration that the objector is the person entitled to registration, shall be by way of action, and the Civil Procedure Rules shall apply:

Provided that the Director shall not be made a part to the proceedings, but the objector shall cause an office copy of the writ of summons to be served on the Director for his information.

4.-(1) The following applications to the Court be made ex parte-

(a) under paragraph (a) of the second proviso to sub section (1) of section 72 of the Law, for directions as to the mode of service on a person under disability who has no guardian; and

(b) under the proviso to section 73 of the Law, for directions as to the payment out of Court of compensation or any other sum paid into Court.

(2) Applications made ex parte shall be in Form 1, and shall be supported by affidavit or affidavits of the facts relied upon.

(3) The Court dealing with an application made ex parte may direct that notice thereof shall be given to such persons as the Court may think fit.

5.-(1) Except as hereinbefore in these Rules or by Law otherwise expressed, all appeals and apllicatios to the Court under the Law shall be made by summons in Form 2, with such variations as circumstances may require, and shall be supported by affidavit or affidavits of the facts relied upon, and filed with the Registrar together with a copy of the Director's order, notice or decision appealed against.

(2) All interested parties shall be joined as parties to the proceedings: Provided that, unless otherwise directed by the Court, the Director shall not be joined as a party except in proceedings under sections 41, 43, 58, 59, 68, 69 and 69A of the Law.

(3) Where the Director is not a party to the proceedings, the applicant shall, nevertheless, cause an office copy of the summons (Form 2) to be served on him.

6.-(1) The Director shall, when so requested by a person aggrieved by any order, notice or decision of the Director made or given under the provisions of the Law, who signifies his intention to appeal against such order, notice or decision, furnish such person with a statement of his reasons therefor, which statement shall be filed statement shall be filved with the Registrar together with the summons (Form 2).

(2) Where an office copy of the summons (Form 2) is served on the Director under the provisions of Rule 5, he shall, within fourteen days after the date of such service, file with the Registrar a statement of the reasons for the order, notice or decision appealed against, unless he shall have previously supplied such statement to the person aggrieved under the provisions of paragraph (1) of this rule: Provided that the Director may, within the aforesaid period of fourteen days, apply to the Court ex parte for an extension of time, and shall forthwith give notice of any extension allowed by the Court to all parties to the proceedings.

(3) On filing his statement of reasons with the Registrar, the Director shall leave, for each party to the proceedings, a copy thereof for service plus a duplicate of such copy for the affidavit of service.

7. Every summons (Form 2) originating an appeal or application under these rules shall state the grounds of such appeal or application. No grounds other than those so stated shall (except with the leave of the Court hearing the appeal or application and on such terms as the Court may think just) be allowed to be taken by the applicant at the hearing of the appeal or application.

8. The date specified in the summons (Form 2) for the hearing of the appeal or application shall be not less than twenty-one days after the day on which the summons is filed with the Registrar.

9. An office copy of the summons, the affidavit or affidavits filed in support thereof, and the Director's order, notice or decision appealed against shall be served on all persons affected thereby. Such service shall be effected at least twenty-one days before the day fixed for the hearing of the appeal or application.

10.-(1) If any person served with a summons to attend the hearing of an appeal or application intends to oppose such appeal or application, such person shall, not later than fourteen days after the service of such summons on him, file with the Registrar a notice of such intention in Form 3, and leave a copy thereof for the applicant at his address for service.

(2) Such notice shall refer to the specific section of the Law or the specific Rules of Court upon which the opposition is founded. Any facts relied upon in opposition which are not apparent on the face proceeding shall be set out in one or more affidavits accompanying the notice of opposition, and copies of such affidavits shall be left for the applicant together with such notice.

(3) Το Δικαστήριο ή Δικαστής, μετά από αίτηση ή προφορικό αίτημα, μπορεί για καλό λόγο, να επιτρέψει την καταχώρηση συμπληρωματικών ενόρκων δηλώσεων. Η ακρόαση αίτησης διεξάγεται στη βάση των γεγονότων που αναφέρονται στην αίτηση ή στις ένορκες δηλώσεις τηρουμένης της δυνατότητας αντεξέτασης που προνοείται από τη Διαταγή 39 των περί Πολιτικής Δικονομίας Διαδικαστικών Κανονισμών.

11.-(1) Where any of the parties to a summons fail to attend, whether upon the return of the summons, or at any time fixed for hearing or further hearing of the matter, the Court may proceed ex parte, if, considering the nature of the case, the Court thinks it expedient so to do.

(2) Where the Court has proceeded ex parte, such proceeding shall not in any manner be reconsidered by the Court, unless the Court shall be satisfied that the party failing to attend was not guilty of wilful delay or negligence; and in such case the costs occasioned by his non-attendance shall be in the discretion of the Court, which may fix the same at the time, and direct them to be paid by the party before he shall be permitted to have such proceeding reconsidered, or make such other order as to such costs as the Court thinks just.

12. Where any of the parties to a summons fail to attend, whether upon the return of the summons, or at any time fixed for hearing or further hearing of the matter, and the Court does not think it expedient to proceed ex parte, the Court may order such an amount of costs, if any, as it shall think reasonable to be paid to the party attending by the absent party.

13. Where an appeal lies under the Law from any order of the District Court such appeal shall be brought within fourteen days after the making of such order, and the provisions of Order 35 of the Civil Procedure Rules, relating to appeals, shall apply.

14. The costs of every appeal or application under these rules and of the proceedings connected therewith shall be in the Court determing the appeal or application.

15.-(1) Εκτός όπου το Δικαστήριο διατάξει διαφορετικά σε διαδικασίες βάσει των παρόντων Κανονισμών θα εφαρμόζονται οι κλίμακες που ισχύουν σε πολιτικές αγωγές οι σχετικές με αιτήσεις δια κλήσεως, όπως προβλέπεται από το εκάστοτε εν ισχύϊ Παράρτημα Β του Περί Πολιτικής Δικονομίας Διαδικαστικού Κανονισμού.

(2) In determining the scale of costs applicable in each case the criterion shall be the amount or value of the property actually in dispute between the parties as disclosed in the proceedings.

16. Any notice or other document required or authorized to be served on the Director for the purpose of these Rules shall be deemed to have been duly served if served on the principal officer of the Land Registry Office for the district in which the immovable property concerned is situate.

17. Matters of practice and procedure not expressly provided for in these Rules shall be governed by the Civil Procedure Rules in force for the time being, in so far as they may be applicable.

18. These Rules shall apply to any proceeding which is pending at the date on which these Rules come into operation subject to such directions as the Court may think fit to give.