No. 3 of 1901.

1143

CODE OF CIVIL PROCEDURE.

for such person, and until such period of twelve days has expired such order shall have no force or effect as against such last-mentioned person.

plaintiff or person

100. When the plaintiff or defendant in a cause or matter dies, and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant (or the person against whom the cause or matter may be continued) may apply by summons to compel the plaintiff (or the person entitled to proceed) to proceed within such time as may be ordered; and, in default of such proceeding, judgment may be entered for the defendant or, as the case may be, for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by section 390.

to do so.

1. 8.

abatement, O. 17, r. 9.

101. Where any cause or matter becomes abated or in the case of any such change of interest as is in this Chapter provided for, the solicitor for the plaintiff or the person having the conduct of the cause or matter, as the case may be, shall certify the fact to the Registrar, who shall cause an entry thereof to be made in the Cause-Book opposite to the name of such cause or matter.

of cause

102. Where any cause or matter has been standing for one year in the Cause-Book marked as "abated," or standing over generally, such cause or matter at the expiration of the year shall be struck out of the Cause-Book.

CHAPTER III.

JOINDER OF CAUSES OF ACTION.

O. 17, r. 10,

103. Subject to the following sections of this Chapter, the plaintiff may unite in the same action several causes of action, but if it appears to the court that any such causes of action cannot be conveniently tried or disposed of together, the court may order separate trials of any of such causes of action to be had or may make such other order as may be necessary or expedient for the separate disposal thereof.

action.

104. No cause of action shall, except by leave of the court, be joined with an action for the recovery of immovable property, except claims in respect of mesne profits, or other causes...

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