1134
Application
to add, or strike out,
or substitute parties. O.16, r. 12.
Procedure where
defendant added or substituted.
O. 16, r. 13.
Appearance, etc., by one party for another.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
64. Any application to add, or strike out, or substitute a plaintiff or defendant may be made to the court at any time before trial by motion or summons, or at the trial of the action in a summary manner.
65. Where a defendant is added or substituted, the plaintiff shall, unless otherwise ordered by the court, amend the writ of summons and the copy thereof on the file, and serve such new defendant with such amended writ in the same manner as an original defendant is served.
66.-(1) Where there are more plaintiffs than one, any one or more of them may be authorised by any other of them to appear, plead, or act for such other in any action or other proceeding under this Code.
Indian Code, s. 35.
Action by or against infant.
O. 16, r. 16.
(2) In like manner, where there are more defendants than one, any one or more of them may be authorised by any other of them to appear, plead, or act for such other in any such action or proceeding.
(3) In every such case the authority shall be in writing signed by the party giving it, and shall be filed in the Registry.
Persons under disability.
67. An infant may sue as plaintiff by his next friend, in the manner heretofore practised, and may, in like manner, defend any action by his guardian appointed for that purpose.
Action by
or against lunatic, etc.
O. 16, r. 17.
Appointment of guardian ad litem for
infant or person of unsound mind, after default in appearance to action. H. K. Code, s. 15.
68. Where a lunatic or person of unsound mind, not so found by inquisition, might formerly have sued as plaintiff or would have been liable to be sued as defendant in any suit, he may sue as plaintiff in any action by his committee or next friend, and may defend any action by his committee or guardian appointed for that purpose.
69.-(1) Where default is made by a defendant in entering an appearance to an action, after due service of the writ of summons, and it appears to the court that he is an infant or a person of unsound mind, not so found by inquisition, so that he is unable of himself to defend the action, the court may, on the application of the plaintiff or of its own motion, appoint some fit person to be guardian of the defendant for the purpose of the action, by whom he may defend the same.