CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
717
plaintiffs or defendants, who ought to have been joined, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
(3) No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto.
(4) Every party whose name is so added as a defendant shall be served with a writ of summons, and the proceedings as against such party shall be deemed to have begun only on the service of such writ.
strike out, or
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, and the proceedings shall be continued as if the new defendant had originally been made a defendant.
parties. O. 16, r. 12. Procedure where defendant added or substituted. O. 16, r. 13.
Appearance, etc., by one party for another.
66.—(1) Where there are more plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead or act for such other in any action or other proceeding under this Code.
(2) In like manner, where there are more defendants than one, any one or more of them may be authorized 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.
* As amended by Law Rev. Ord., 1939.
Indian Code, s. 35.
Action by or against infant. O. 16, r. 16.