Directory_and_Chronicle_1917 — Page 463

RULES OF SUPREME COURT IN CHINA

direct that any persons whose rights or interests are so affected shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings in the same manner as if they had been originally parties, and shall be at liberty to attend the proceed. ings under the judgment or order. Any person so served may within one month after such service apply to the Court to discharge, vary, or add to the judgment or order.

procedure.

90.—(1) When a defendant claims to be entitled to contribution or Third party indemnity against any person not a party to the action, he may at any Form 49. time before the hearing apply to the Court for leave to serve such person with a summons requiring him to appear before the Court to show cause why he should not be made a party, and also with a copy of the original summons and statement of claim (if any).

(2) On granting such leave the Court may make such order for the postponement of the trial and for notifying the same to the plaintiff as it thinks fit.

(3) If the third party does not appear pursuant to the summons, or fails to show cause, the Court may give such directions as it thinks tit. for the trial of the question as to the liability of the third party, either at or after the trial of the action, and may by such directions give leave to the third party to defend the action or appear and take part at the hearing in such manner as may appear to be just or otherwise order in what manner the liability of the third party is to be determined.

(4) The Court may decide all questions of costs as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other or give such directions as to costs as the justice of the case may require.

(5) Where a defendant claims to be entitled to contribution or indemnity against any other defendant to the action, the same procedure as nearly as may be, shall be adopted for the determination of such questions as in the case of third parties.

91.-(1) Any two or more persons claiming or being liabie as co- Actions by and against partners, and carrying on business within China or Corea, mar sue or be firms. sued in the name of the firms whereof they were partners at the time of the accruing of the cause of action.

(2) When an action is brought in the name of a firm, and the Form 47. defendant desires to know the names of the persons who are co-partners in the firm, he may give notice in writing to the plaintiff within three days after service of the summons that he requires such names, and the plaintiff shall forthwith send the names and addresses of the co-partners to the defendant and to the Registrar. The Court may at any time order the plaintiff to give to the defendant the names of the co-partners without such notice.

(3) If, owing to the plaintiff not giving the names of the co- partners before entering the action, or from any delay in furnishing them after the notice above-mentioued, the defendant is prevented or unduly delayed in making his defence, the Court may adjourn the hearing upon such terms as it may think fit.

(4) The Court may, on the application of a plaintiff, require a defendant firm to give to the plaintiff the names of the co-partners of the defendant firm.

(5) The names of partners to be given under this rule are the names of the partners in the firm at the time of the accruing of the cause of action.

(6) Notwithstanding the disclosure of partners' names under this rule, all subsequent proceedings in the action shall be in the name of the firm.

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