28
CAP. 336]
District Court
[1984 Ed.
Claims by employees for wages.
Persons jointly liable.
Bankruptcy of plaintiff.
or estate shall be made a party to the proceedings, either in addition to or in substitution for the previously existing parties.
(22 of 1962, s. 23, incorporated)
55. Any 2 or more persons, being employees or prospective employees of the same person or having separate causes of action against such person for arrears of salary or wages or for deposits made with such person, in relation to the employment or prospective employment, or for damages for wrongful dismissal or otherwise in connexion with the employment or prospective employment may unite as plaintiffs in one action against such other person:
Provided that if it appears to the Court that such joinder may embarrass or delay the trial of the action, the Court may order separate trials or may make such other order as may be expedient but any such defendant, though unsuccessful, shall be entitled to such costs as are occasioned by so joining any person who is not found to be entitled to any relief, unless the Court in disposing of the costs otherwise directs.
(22 of 1962, s. 24, incorporated)
56. (1) Where a plaintiff has a demand recoverable against 2 or more persons jointly liable, as partners or otherwise, it shall be sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served notwithstanding that any other person jointly liable may not have been served or sued or may not be within the jurisdiction of the Court.
(2) Where judgment is obtained against a person as aforesaid and is satisfied by that person, he shall be entitled to recover in the Court contribution from any other person jointly liable with him.
(3) A judgment obtained against a person in respect of his liability jointly with any other person shall not release such other person from any liability for such indebtedness.
(4) Where a person is sued in respect of his liability jointly with any other person, he may set up any defence or counterclaim which he would have been entitled to set up if all the persons liable had been made defendants.
(5) Where 2 or more persons are made defendants, whether as jointly or as severally liable, the plaintiff may have judgment against any one or more of the defendants and may issue execution thereon without prejudice to his right to proceed with the action against any other defendant.
(22 of 1962, s. 25, incorporated)
57. (1) The bankruptcy of the plaintiff in any action in the Court which the trustee in bankruptcy might maintain for the benefit of the creditors shall not cause the action to abate if, within such reasonable time as the Court may order, the trustee elects to continue the action and to give security for the costs thereof.