Section 86: Change in conditions of sale
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
86. Change in conditions of sale
(1) A judgment or inscribed creditor may—
(a) apply for an amendment of the memorandum of charges; or
(b) demand that the proceedings be declared null.
[Issue 1] S3 – 22
Revised Laws of Mauritius
(2) The application shall be made—
(a) at least 10 days before the day of sale; and
(b) by petition to the Master, specifying in a summary manner the
nature and grounds of the application.
(3) The Master shall make his order on the petition appointing a day for
hearing.
(4) The petition, with the Master’s order, shall be—
(a) served on the parties who, by the petition and order, are required to show cause, 5 days before the day of hearing; and
(b) made known within the period under paragraph (a), to creditors
by an advertisement in 3 daily newspapers—
(i) specifying in a summary manner the nature of the application or demand; and
(ii) informing them of their right to intervene, if they wish, before the Master on the day of hearing.
(5) A creditor who wishes to appear shall do so at his own cost, unless
the Master, on dismissing the petition, orders the petitioner to pay the costs
of that creditor.
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Questions this section answers
- Can a creditor ask to change the conditions of sale before a minor's property is auctioned, and how much notice is needed?