1142
Order to carry on proceedings in case of marriage, etc., causing change of interest.
O. 17, r. 4. [cf. ss. 98, 99.]
Service of order and effect thereof. O. 17, r. 5.
*
Application to discharge or vary order by person under no disability, etc.
O. 17, r. 6.
Application to discharge or vary order by person under disability. O. 17, r. 7.
*
Application No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
96. Where by reason of marriage, death, or bankruptcy, or any other event occurring after the commencement of a cause or matter and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the cause or matter, it becomes necessary or desirable that any person not already a party should be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties and such new party or parties may be obtained ex parte on application to the court, upon an affidavit of such change or transmission of interest or liability or of such person interested having come into existence.
97.-(1) An order obtained under section 96 shall, unless the court otherwise directs, be served on the continuing party or parties or their solicitors, and also on each such new party, unless the person making the application is himself the only new party.
(2) The order shall from the time of such service, subject, nevertheless, to sections 98 and 99, be binding on the persons served therewith, and every person served therewith who is not already a party to the cause or matter shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with a writ of summons in an action.
98. Where any person being under no disability or under no disability other than coverture, or being under any disability other than coverture but having a guardian ad litem in the cause or matter, is served with an order to carry on proceedings under section 96, such person may apply to the court to discharge or vary such order at any time within twelve days from the service thereof.
99. Where any person being under any disability other than coverture, and not having a guardian ad litem in the cause or matter, is served with an order to carry on proceedings under section 96, such person may apply to the court to discharge or vary such order at any time within twelve days from the appointment of a guardian ad litem.
* As amended by Law Rev. Ord., 1924.