716.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
trators. O. 16, r. 8.
and adminis 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.
Action for prevention of waste, etc. O. 16, r. 37.
Case of numerous persons having same interest. O. 16, r. 9.
Power to approve compromise in absence of some of the persons interested. O. 16, r. 9A.
Misjoinder and non-joinder of parties. O. 16, r. 11.
(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 behalf or for the benefit of himself and all persons having the same interest.
61. Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorized by the court to defend, in such cause or matter, on behalf or for the benefit of all persons so interested.
62. Where, in proceedings concerning a trust, a compromise is proposed and some of the persons interested in the compromise are not parties to the proceedings, but there are other persons in the same interest before the court and assenting to the compromise, the court, if satisfied that the compromise will be for the benefit of the absent persons and that to require service on such persons would cause unreasonable expense or delay, may approve the compromise and order that the same shall be binding on the absent persons, and they shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts.
63.—(1). No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
(2) The court may, at any stage of the proceedings, either on or without the application of either party and on such terms as may appear to the court to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out, and that the names of any parties, whether