Directory_and_Chronicle_1907 — Page 401

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On application of Defendant.

Costa.

Libellous or offensive expresaiona.

Amendment on application of Plaintiff.

Effect of petition.

Buit on behalf of others.

Joint esuseS of suit,

Joint and several demand.

Non-joinder or mis-joinder.

Defendant sued as agent.

RULES OF SUPREME COURT

Amendment

30. Any plaintiff not giving sufficient information to enable the defendant reasonably to understand the nature and particulars of the claim set up against him, may be ordered, on the application of the defendaut before answer, to amend his petition.

The plaintiff may be ordered to annex copies of, or produce for inspection, such papers or documents in his possession or power as be 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 complied with.

31. If any petition contains libellous or needlessly offensive expres- sions, 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 bearing any such equitable relief as be 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 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 not 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, postpone- ment 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 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 particular jurisdiction, forthwith order his name to be substituted, 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.

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