Section 71: Matters disposed of by Judge in Chambers
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
71. Matters disposed of by Judge in Chambers
(1) Subject to subsection (2), applications for or concerned with or in respect to any matter specified in this section and any matter connected
therewith may, subject to the discretion of the Judge in any particular case
to refer them to the Court, be finally disposed of at Chambers by a Judge’s
order, which order shall be a sufficient authority to the Registrar to issue
thereon a rule of Court de plano—
(a) applications to be let into possession of the unadministered property and rights of a party deceased or absent (“envoi en
possession”);
(b) applications for affirmative declaration;
(c) applications for cancellation or reduction of mortgage inscription;
(d) applications for removal of seizures;
(e) applications for the validity or nullity of attachments;
(f) applications for partitions of property;
(g) —
(h) applications for admission of a relinquishment of immovable
property;
(i) applications touching absent persons under article 115 of the
Code Civil Mauricien;
(j) —
(k) applications for homologations of compromises (“transactions”)
under article 441 of the Code Civil Mauricien;
(l) applications for nomination of surveyors, appraisers, skilled witnesses (“experts”).
(2) In applications under subsection (1) (c), (d), (e) or (f), no order shall
be made by a Judge in Chambers, where a party to the application objects.
72. —
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Questions this section answers
- What kinds of applications can a Judge finally decide alone in Chambers?