666
Misjoinder and non-joinder of parties.
O. 16 r. 11.
Application to add, or strike out, or substitute parties.
Ib. r. 12.
Procedure
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
that the same shall be binding on the absent persons, and they shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts.
63.-(1.) No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
(2.) The Court may, at any stage of the proceedings, either on or without the application of either party and on such terms as may appear to the Court to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out, and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
(3.) No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto.
(4.) Every party whose name is so added as a defendant shall be served with a writ of summons, and the proceedings as against such party shall be deemed to have begun only on the service of such writ.
64. Any application to add, or strike out, or substitute a plaintiff or defendant may be made to the Court at any time before trial by motion or summons, or at the trial of the action in a summary manner.
65. Where a defendant is added or substituted, the plaintiff shall, unless otherwise ordered by the Court, amend the writ of summons and the copy thereof on the file, and serve such new defendant with such amended writ in the same manner as an original defendant is served.
Ib. r. 13.
Appearance, etc., by one party for another.
Indian Code, s. 35.
Action by or against infant.
O.16 r. 16.
66.-(1) Where there are more plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead, or act for such other in any action or other proceeding under this Code.
(2.) In like manner, where there are more defendants than one, any one or more of them may be authorized by any other of them to appear, plead, or act for such other in any such action or proceeding.
(3.) In every such case the authority shall be in writing signed by the party giving it, and shall be filed in the Registry.
Persons under Disability.
67. An infant may sue as plaintiff by his next friend, in the manner heretofore practised, and may, in like manner, defend any action by his guardian appointed for that purpose.
Page 15
Page 16
666
Misjoinder and non- joinder of parties.
0. 16 r. 11.
Application ́to add, or
strike out, or substitute
parties.
Ib. r. 12.
Procedure
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
that the same shall be binding on the absent persons, and they shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts.
63.-(1.) No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
(2.) The Court may, at any stage of the proceedings, either on or without the application of either party and on such terms as may appear to the Court to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out, and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
(3.) No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto.
(4.) Every party whose name is so added as a defendant shall be served with a writ of summons, and the proceedings as against such party shall be deemed to have begun only on the service of such writ.
64. Any application to add, or strike out, or substitute a plaintiff or defendant may be made to the Court at any time before trial by motion or summons, or at the trial of the action in a summary manner.
65, Where a defendant is added or substituted, the plaintiff shall, where defen- unless otherwise ordered by the Court, amend the writ of summons and the copy thereof on the file, and serve such new defendant with such amended writ in the same manner as an original defendant is served.
dant added
or substi.
tuted./
· Ib. r. 13.
Appearance, etc., by one party for another.
Indian Code, s. 35..
Action by or against infant.
0.16 r. 16.
66.-(1) Where there are more plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead, or act for such other in any action or other proceeding under this Code.
(2.) In like manner, where there are more defendants than one, any one or more of them may be authorized by any other of them to appear, plead, or act for such other in any such action or proceeding.
(3.) In every such case the authority shall be in writing signed by the party giving it, and shall be filed in the Registry.
Persons under Disability.
67. An infant may sue as plaintiff by his next friend, in the manner heretofore practised, and may, in like manner, defend any action by his guardian appointed for that purpose.
Page 15Page 16
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