I would observe in limine that the respondent was asking for the discharge of a charge of land which is the equivalent under our land laws of a reconveyance of mortgaged property and it was therefore open to him to proceed by way of Originating Summons under O. LV r. 5A. His solicitor, however, must have been well aware that there was a dispute as to the facts of the ease and in the circumstances the proceedings should have been commenced by Writ (see White Book, 1959, p. 1503). In my view this was not in itself fatal to the respondent's case but if it has involved any extra costs, as it may have done in the circumstances of the present case, these should be borne by the respondent in any event.