Inspection.
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shall, in his petition, offer to allow the defendant to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.
Amendment.
On application 30. Any plaintiff not giving sufficient information to enable of Defendant. the defendant reasonably to understand the nature and parti- culars of the claim set up against him may be ordered, on the application of the defendant before answer, to amend his petition.
Costs.
Libellous or offensive ex- pressions.
Amendment
on application
of Plaintiff.
Effect of petition.
Suit on behalf of others.
Joint cause of suit.
Joint and
several de- mand.
The plaintiff may be ordered to annex copies of, or produce for inspection, such papers or documents in his possession or power as he has referred to in the petition, and as the defendant is entitled to inspect for the purposes of the suit.
The Court may in such cases make such order as to costs as justice requires, and stay proceedings until the order is com- plied with.
31. If any petition contains libellous or needlessly offensive expressions, the Court may, either of its own motion before service thereof, or on the application of the defendant, order the petition to be amended, and make such order as to costs as justice requires.
32. A petition may be amended at any time before answer by leave of the Court, obtained ex parte.
Notice of the amendment shall be given to the defendant within such time and in such manner as the Court directs.
Equity.
33. Every petition is to be taken to imply an offer to do equity in the matter of the suit commenced by it, and to admit of any equitable defence, and, on the other hand, to enable the plaintiff to obtain at the hearing any such equitable relief as he may appear entitled to from the facts stated and proved, though not specifically asked, if it may be granted without hardship to the defendant.
Parties.
34. Persons entitled to sue and suing on behalf of others, as guardians, executors, or administrators, or on behalf of themselves and others, as creditors in a suit for administration, --must state the character in which they sue.
35. All persons having a joint cause of suit against any defendant ought ordinarily to be parties to the suit.
36. Where the plaintiff has a joint and several demand against several persons, either as principals or as sureties, it is not necessary for him to bring before the Court as parties to a
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suit concerning such demand all the persons liable thereto, but
he may proceed against one or more of the persons severally liable.
37. If it appears before or at the hearing that any person Non-joinder not joined as plaintiff or as defendant ought to be so joined, or or mis-joinder. that any person joined as plaintiff or as defendant ought not
to be so joined, the Court may order the petition to be amended, with liberty to amend the other pleadings (if any), and on such terms as to time for answering, postponement or adjournment of hearing, and costs, as justice requires.
But no person shall be so joined as plaintiff without satisfactory evidence to the Court of his consent thereto.
Nor shall the name of any plaintiff be struck out unless it appears to the satisfaction of the Court either that he was originally joined as plaintiff without his consent, or that he consents to his name being struck out.
38. Where a plaintiff sues any person as agent for some Defendant other person, not seeking to fix such agent with any personal sued as agent. liability, the Court, on the fact coming to its knowledge, shall,
if the person really sought to be fixed with liability is within the particular jurisdiction, forthwith order his name to be sub- stituted, and stay proceedings until the order is complied with: But if he is not within the particular jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as agent undertakes, by writing under his band, to defend the suit, and personally to satisfy any decree or order for debt or damages and costs therein.
In the latter case the person sued as agent shall further, within such time as the Court orders and before the hearing of the suit, procure and file with the proceedings a sufficient authority in writing from the party on whose behalf such agent is affecting to act, to substitute the name of the principal as defendant for his own, and to defend the suit, or otherwise act in it on behalf of such principal.
Such agent shall not, however, be deemed discharged by such authority and substitution from his personal undertaking and liability to satisfy any decree or order in the suit, such authority and substitution being in all cases strictly required as a pro- tection against collusive decrees which might affect absent persons.
鉴
39. In case a petition states two or more distinct causes of Distinct causes
suit, by and against the same parties, and in the same rights, the of suit in ore Court may, either before or at the hearing, if it appears inexpe petition. dient to try the different causes of suit together, order that different records be made up, and make such order as to adjournment and costs as justice requires.
In case a petition states two or more distinct causes of suit, but not by and against the same parties, or by and against the
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