Green Lane, Ilford, Re 462
| Jurisdiction | England & Wales |
| Year | 1971 |
| Date | 1971 |
| Court | Chancery Division |
Practice - Writ - Originating summons - Proceedings commenced by summons - Fraud alleged - Whether action to continue as if commenced by writ -
The plaintiff's action was commenced by an originating summons pursuant to an order made by the Chief Land Registrar, to determine whether a caution registered against the plaintiff's registered freehold title in certain property should continue or be cancelled. The plaintiff pleaded non est factum in respect of the contract for the sale of the land, the subject matter of the caution; and in the alternative he alleged fraud on the same facts.
On the preliminary point whether the action was properly started: —
Held, that R.S.C., Ord. 5, r. 2 placed a case based on an allegation of fraud outside Ord. 28, r. 8 and, accordingly, the proceedings begun by originating summons could not be continued pursuant to Ord. 28, r. 8 as though commenced by a writ but had to be started by writ.
The following case is referred to in the judgment:
Engall's Agreement, In re [
No additional cases were cited in argument.
PRELIMINARY POINT
The plaintiff, Edwin Julian Gooding, of 462, Green Lane, Ilford, Essex (“the proprietor”) was registered on December 2, 1962, as the proprietor of the freehold land known as 462, Green Lane, Ilford, comprised in title No. EX 42887 (“the land”). On March 15, 1968, a caution was registered under section 54 of the
The cautioner in his statutory declaration in support of his caution declared that on January 19, 1968, a contract for the sale of the land was made between the proprietor and himself and that he had paid £247 3s. to the proprietor.
Pursuant to rule 218 of the
On September 30, 1968, the Chief Land Registrar made an order under
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