AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
665
the alternative; and judgment may be given against such one or more persons as of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
O. 16 r. 4.
(2.) It shall not be necessary that every defendant shall be interested as to all the relief prayed for or as to every cause of action included in any proceeding against him; but the Court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.
O. 16. r. 6.
(3.) The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.
O. 16 r. 6.
58. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may, in such manner as is hereinafter mentioned, join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.
Case of doubt as to person from whom plaintiff is entitled to redress. Ib. r. 7.
Action by or against trustees, executors, and administrators.
59.—(1.) Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Court may, at any stage of the proceedings, order any of such persons to be made parties, either in addition to or in lieu of the previously existing parties.
O. 16 r. 8.
(2.) This section shall apply to trustees, executors, and administrators sued in proceedings to enforce a security by foreclosure or otherwise.
60. In any action for the prevention of waste or otherwise for the protection of property, one person may sue on behalf or for the benefit of himself and all persons having the same interest.
Action for prevention of waste, etc. Ib. r. 37.
numerous persons having same interest.
61. Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorized by the Court to defend, in such cause or matter, on behalf or for the benefit of all persons so interested.
Ib. r. 9.
62. Where, in proceedings concerning a trust, a compromise is proposed and some of the persons interested in the compromise are not parties to the proceedings, but there are other persons in the same interest before the Court and assenting to the compromise, the Court, if satisfied that the compromise will be for the benefit of the absent persons and that to require service on such persons would cause unreasonable expense or delay, may approve the compromise and order
Power to approve compromise in absence of some of the persons interested. Ib. r. 9 a.