615. Rules as to defendant's costs.

On the question of costs in foreclosure proceedings the following rules have been recognised:

  1.  

    (1)     if a defendant has no interest1, and claims no interest, at the commencement of the claim or afterwards, he is not properly made a party2. If he disclaims either before or after3 the commencement of the claim in terms which shows this to be the case, he is entitled to his costs against the claimant4.

  2.  

    (2)     if a person has an interest, he is prima facie a necessary party, but if he disclaims or offers to disclaim before proceedings are brought, and the disclaimer

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