Parties.
66. Persons entitled to sue and suing on behalf of others, Suit on behalf as guardians, executors, or administrators or on behalf of themselves and others as creditors in a suit for administration,--must state the characters in which they sue.
67. All persons having a joint cause of suit against any defendant ought ordinarily to be parties to the suit.
68. 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 suit concerning such demand, all the persons liable thereto, but he may proceed against one or more of the persons severally liable.
69. If it appears before or at the hearing that any person joined as plaintiff or as defendant ought to be so joined, or 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.
70. Where a plaintiff sues any person as agent for some other person, not seeking to fix such agent with any personal liability, the Court, on the fact coming to its knowledge, shall, if the person really sought to be fixed with liability is within the jurisdiction, forthwith order his name to be substituted, and stay proceedings until the order is complied with: But if he is not within the jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as agent undertakes, by writing under his hand, 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 protection against collusive decrees which might affect absent persons.
71. In case a petition states two or more distinct causes of suit, by and against the same parties, and in the same rights, the Court may, either before or at the hearing if it appears inexpedient 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.
72. 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 same parties but not in the same rights, the petition may on the application of any defendant be dismissed.
In case such application is made within the time for answer, the petition may be dismissed, with substantial costs to be paid by the plaintiff to the defendant making the application; but in case the application is not made within the time for answer, the petition, when the defect is brought to the notice of the Court, may be dismissed without costs, or on payment of Court fees only, as to the Court seems just.
Defective Petition.
73. Where a petition is defective on the face of it by reason of non-compliance with any provision of these rules, the Court may, either on application by a defendant or of its own motion, make an order to stay proceedings until the defect is remedied.
The Court shall, of its own motion, make an order to stay proceedings on a defective petition, where the defect is patent and serious, and comes to the knowledge of the Court before service of the petition on the defendant.
Copies for Service.
74. Where there is only one defendant, one copy of the petition, and of any schedule thereto, for service, is to be left with the Court, together with the original; where there are two or more defendants, as many copies as there are parties to be served are to be left together with the original.
Service of Petition.
75. As soon as practicable after the filing of the petition, the plaintiff shall cause a copy thereof under the seal of the Court to be served upon the defendant and such copy shall contain...
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Parties.
66. Persons entitled to sue and suing on behalf of others, Suit on behalf as guardians, executors, or administrators or on behalf of themselves and others as creditors in a suit for administration,--must state the characters in which they sue.
67. All persons having a joint cause of suit against any defendant ought ordinarily to be parties to the suit.
68. 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 suit concerning such demand, all the persons liable thereto, but he may proceed against one or more of the persons severally liable.
69. If it appears before or at the hearing that any person joined as plaintiff or as defendant ought to be so joined, or 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.
70. Where a plaintiff sues any person as agent for some other person, not seeking to fix such agent with any personal liability, the Court, on the fact coming to its knowledge, shall, if the person really sought to be fixed with liability is within the jurisdiction, forthwith order his name to be substituted, and stay proceedings until the order is complied with: But if he is not within the jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as agent undertakes, by writing under his hand, 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 protection against collusive decrees which might affect absent persons.
71. In case a petition states two or more distinct causes of suit, by and against the same parties, and in the same rights, the Court may, either before or at the hearing if it appears inexpedient 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.
72. 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 same parties but not in the same rights, the petition may on the application of any defendant be dismissed.
In case such application is made within the time for answer, the petition may be dismissed, with substantial costs to be paid by the plaintiff to the defendant making the application; but in case the application is not made within the time for answer, the petition, when the defect is brought to the notice of the Court, may be dismissed without costs, or on payment of Court fees only, as to the Court seems just.
Defective Petition.
73. Where a petition is defective on the face of it by reason of non-compliance with any provision of these rules, the Court may, either on application by a defendant or of its own motion, make an order to stay proceedings until the defect is remedied.
The Court shall, of its own motion, make an order to stay proceedings on a defective petition, where the defect is patent and serious, and comes to the knowledge of the Court before service of the petition on the defendant.
Copies for Service.
74. Where there is only one defendant, one copy of the petition, and of any schedule thereto, for service, is to be left with the Court, together with the original; where there are two or more defendants, as many copies as there are parties to be served are to be left together with the original.
Service of Petition.
75. As soon as practicable after the filing of the petition, the plaintiff shall cause a copy thereof under the seal of the Court to be served upon the defendant and such copy shall contain...
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Parties.
66. Persons entitled to sue and sning on behalf of others, Suit on behalf as guardians, executors, or administrators or on behalf of them- of others. selves and others as creditors in a suit for administration,--must state the characters in which they sue.
67. All persons having a joint cause of suit against any Joint cause of defendant ought ordinarily to be parties to the suit.
suit.
demand.
68. Where the plaintiff has a joint and several demand Joint and against several
persons, either as principals or as sureties, it is not several necessary for him to bring before the Court as parties to a suit" concerning such demand, all the persons liable thereto, but he may proceed against one or more of the persons severally liable.
69. 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 mis-jutuder. or 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.
70. Where a plaintiff sues any person as agent for some Defendant sued other person, not seeking to fix such agent with any personal 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 jurisdiction, forthwith order his name to be substituted, and stay proceedings until the order is complied with: But if he is not within the jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as agent undertakes, by writing under his hand, to defend the suit, and personally to satisfy any decrce 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 dis- charged 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 protection against collusive decrees which might affect absent persons.
71. 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 one Court may, either before or at the hearing if it appears inexpedient petition. 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.
72. 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 same parties but not in the same rights, the petition may on the application of any defendant be dismissed.
In case such application is made within the time for answer, the petition may be dismissed, with substantial costs to be paid by the plaintiff to the defendant making the application; but in case the application is not made within the time for answer, the petition, when the defect is brought to the notice of the Court, may be dismissed without costs, or on payment of Court fees only, as to the Court seems just.
Defective Petition.
73. Where a petition is defective on the face of it by Staying pro- reason of non-compliance with any provision of these rules, the ceedings. Court may, either on application by a defendant or of its own motion, make an order to stay proceedings until the defect is remedied.
The Court shall, of its own motion, make an order to stay proceedings on a defective petition, where the defect is patent and serious, and comes to the knowledge of the Court before service of the petition on the defendant.
Copies for Service.
74. Where there is only one defendant, one copy of the Number of petition, and of any schedule thereto, for service, is to be left with topics. the Court, together with the original; where there are two or more defendants, as many copies as there are parties to be served are to be left together with the original.
Service of Petition.
75. As soon as practicable after the filing of the petition, Service of copy the plaintiff shall cause a copy thereof under the seal of the of petition Court to be served upon the defendant and such copy shall con- on defendant.
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