Section 2: Seizure preceded by commandement

2. Seizure preceded by commandement (1) Every seizure of immovable property shall be preceded by a commandement to be served on the debtor in person. (2) The creditor shall, in the commandement, elect a domicile at the office of the attorney retained by him, and all acts relative to or in connection with the proceedings, or the claims to be enforced under them, shall be served on him at that domicile. (3) The creditor shall notify his debtor that, if he fails to pay the amount claimed, a seizure will be effected on his immovable property. (4) (a) It shall not be necessary to copy or to specify in extenso in the commandement the title (titre) by virtue of which the seizure is to be made. (b) It shall be sufficient to mention and describe the title by stating— (i) the date of the title; (ii) where the title is a notarial deed, the name of the notary; (iii) the amount of the sum due; and (iv) the nature of the claim. (5) Where the title is a notarial deed, it shall not be necessary, notwithstanding article 2213 of the Code Civil Mauricien, to take a copy in executory form (grosse exécutoire) either for the purpose of the commandement or of the seizure. [Issue 1] S3 – 4 Revised Laws of Mauritius (6) The usher serving the commandement need not be accompanied by witnesses but shall, within 48 hours after service, obtain on the original, the visa of the Chief Court Usher of the Supreme Court. [S. 2 amended by s. 10 (a) of Act 3 of 2018 w.e.f. 27 June 2018.]