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No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
O. 16, r. 43. Schedule. Form
(5) Notice of a judgment or order served pursuant to this section shall be entitled in the action, and there shall be indorsed thereon a memorandum of such notice.
O. 16, r. 44.
Action to execute trusts of will.
(6) Notice of a judgment or order on an infant or person of unsound mind, not so found by inquisition, shall be served in the same manner as a writ of summons in an action.
82. In any cause or matter to execute the trusts of a will, it shall not be necessary to make the heir-at-law a party, but the plaintiff shall be at liberty to make the heir-at-law a party where he desires to have the will established against him.
O. 16, r. 45.
Case where no legal representative of deceased person interested in matter in question.
83.—(1) If in any cause or matter it appears to the court that any deceased person who was interested in the matter in question has no legal personal representative, the court may proceed in the absence of any person representing the estate of the deceased person, or may appoint some person to represent his estate for all the purposes of the cause or matter, on such notice to such persons, if any, as the court may think fit, either specially or generally by public advertisement, and the order so made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased person had been a party to the cause or matter.
O. 16, r. 46.
Meaning of "estate". Ordinance No. 2 of 1897.
Right to appear on estate under administration.
(2) "Estate" in this and in all other sections shall have the same meaning as in the Probates Ordinance, 1897.
84. (1) In any cause or matter for the administration of the estate of a deceased person, no party other than the executor or administrator shall, except by leave of the court, be entitled to appear, either in court or in chambers, on the claim of any person not a party to the cause or matter against the estate of the deceased person in respect of any debt or liability.
O. 16, r. 47.
(2) The court may direct or give liberty to any other party to the cause or matter to appear, either in addition to or in the place of the executor or administrator, on such terms as to costs or otherwise as it may think fit.
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