CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1131
appearance
summons.
53. Where a defendant or respondent to an originating summons fails to appear within the time limited in that behalf, the plaintiff or applicant may apply to the court for an appointment for the hearing of the summons, and, on being satisfied that no appearance has been entered, the court shall appoint a time for the hearing of the summons, on such conditions, if any, as it may think fit. O.13, r. 15.
CHAPTER II.
PARTIES.
Parties in general.
as to joinder
O. 16, r. 1.
54. All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where if such persons brought separate actions any common question of law or fact would arise; and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment: Provided that if, on the application of any defendant, it appears that such joinder may embarrass or delay the trial of the action, the court may order separate trials or make such other order as may be expedient. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who is not found to be entitled to relief, unless the court in disposing of the costs otherwise directs.
plaintiff.
55. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the court may, if satisfied that it has been so commenced through a bona fide mistake and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff, on such terms as may be just. O. 16, r. 2.
where a
56. Where in an action any person has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counterclaim or set-off, he may obtain the benefit thereof by establishing his counterclaim or set-off as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon. O. 16, r. 3.