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Paragraph 21.2 Decree for alternative claim for payment

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If the sheriff has granted decree for–

(a)

delivery;

(b)

recovery of possession of moveable property; or

(c)

implement of an obligation,

and the defender fails to comply with that decree, the pursuer may lodge with the sheriff clerk an incidental application for decree in terms of the alternative claim for payment.

(2)

If the pursuer lodges an incidental application in terms of paragraph (1), he must intimate it to the defender at or before the time it is lodged with the sheriff clerk.

(3)

The pursuer must appear at the hearing of an incidental application under paragraph (1).