Directory_and_Chronicle_1917 — Page 476

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Power to add parties owing to change or transmission of interest.

Execution by and against persons not parties.

When de-

fendant does not appear.

When plaintiff

RULES OF SUPREME COURT IN CHINA

any

152. When by reason of marriage, death, or bankruptcy, or any other event occurring after the commencement of an action and causing. a change or transmission of interest or liability, or by reason of person coming into existence after such commencement, it becomes necessary or desirable that any person not already a party should be made a party, the Court may on application make an order that the action shall be carried on between the continuing parties and the new party or parties.

153.-(1) By leave of the Court, execution on any judgment may issue to any person not a party to the action, if such person proves his title to the benefit of the judgment. The Registrar shall substitute the name of such person for that of the original plaintiff with a statement of his title, and shall give notice of having done so to the defendant, and execution shall not issue upon the judgment until three clear days after the service of the notice.

(2) When execution is required of any judgment against any person not a party to the action, the plaintiff shall take out a summons on the judgment directed to the person against whom it is proposed to issue execution, caling upon him to show cause why the judgment should not be enforced against him under the circumstance stated in the-

summons.

(3) When a judgment has been given against a deceased person, his executors or administrators may be sued upon the judgment in the manner provided by this Rule.

Trial.

154.--(1) If at the hearing the plaintiff appears but the defendant or any of the defendants does not appear, the Court shall, before hearing. the action, inquire into the service of the summons and of notice of hearing on the absent party.

(2) The Court, if not satisfied as to the service, may order further service to be made as the Court directs, and in that case shall adjourn the hearing for the purpose, but, if so satisfied, may proceed to hear the action notwithstanding the absence of the defendant or any defendant.

(3) If the Court hears an action in the defendant's absence the Court may afterwards, on proof that the absence was excusable and that the defendant has a defence on the merits, re-hear the action on such terms as it thinks fit.

155. If at any trial or at any continuation or adjournment the does not appear plaintiff does not appear and the defendant does appear and does not admit the plaintiff's claim, the Court may in its discretion dismiss the action and award to the defendant costs in the same manner and to the same amount as if the action had been tried, but no hearing fee shall be charged. The plaintiff may subsequently commence a fresh action on such terms as to costs and otherwise as to the Court shall seem fit.

Appointment

of guardian ad

defendant.

156. When an infant defendant appears at the trial and names a litem for infant person who then consents to act as guardian, such person shall be appointed guardian accordingly, but, if the defendant does not name a guardian, the Court may appoint any person in Court willing to become a guardian, or if there is no such person, the Court shall appoint the Registrar to be guardian, and the name of the guardian so appointed shall be entered, and the action shall then proceed, but no responsibility shall attach to any person appointed guardian at the instance of the

Action pending in another Court

Court.

157. When at the trial it appears that an action by the same for same cause. plaintiff for the same cause is pending in any other Court, whether

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