1132
General rules
as to joinder defendants.
of persons as
O. 16, r. 4.
0. 16, r. 5.
O, 16, r. 6.
Case of. plaintiff in
doubt as to
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
57-(1) All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
(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.
(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.
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 person from 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.
whom he is
entitled to redress. O. 16, r. 7.
Action by or
against
trustees,
executors,
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.
trators.
O. 16, r. 8.
Action for prevention
(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 O. 16, r. 37. behalf or for the benefit of himself and all persons having
the same interest.
of waste, etc.