JUDGMENT

James Foong J:

Introduction

This application before me relates to a foreclosure action. When the plaintiff secured from this court the order for sale, default interest on the loan granted by the plaintiff to the defendant as provided for under the annexure to the charge was not requested as a relief in the originating summons to foreclose on the charged property. The plaintiff now seeks by way of encl. 11 to amend: (a) the originating summons and (b) the order for sale to include this item.

Defence

The defendant opposes this application primarily on 2 grounds: (a) that this court is functus officio after granting the order for sale; (b) that the circumstances of this case does not justify the granting of the proposed amendment to the order for sale under the slip rule of O. 20 r. 11 Rules of the High (RHC).

Analysis

(a) Functus Officio

I shall first deal with the defence of functus officio. In respect of the proposed amendment to the order for sale, I am of the view that this defence is unsustainable. The general proposition that the same court that issued the order for sale has no power to alter or vary its own order after it is drawn up and perfected does not apply to any prop