D. 1901.
CODE OF CIVIL PROCEDURE.
[No. 3
669
trust at suit of cestui que
78. Any one of several cestuis que trustent under any deed or instrument entitled to a judgment or order for the execution of the trusts of the deed or instrument may have the same without serving any other cestui que trust.
may have
0. 16 r. 36.
Administra-tion at suit
etc. Ib. r. 38.
Conduct of
79. Any executor, administrator, or trustee entitled thereto judgment or order against any one legatee, next of kin, or cestui que trust for the administration of the estate or the execution of the trust.
80. The Court may require any person to be made a party to any action or other proceeding, and may give the conduct of the action or proceeding to such person as it may think fit, and may make such order in any particular case as it may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question.
any
deed or
81-(1.) Where, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of instrument, or for the partition or sale of any immovable property, judgment or order has been pronounced or made-
(a.) for the making of inquiries; or
(b.) for the taking of accounts; or
a
action or proceeding. 7. r. 39.
Service of
notice of judgment in action for
administra-tion of estate, etc., and effect thereof
(c.) affecting the rights or interests of persons not parties to the action,
the Court may direct that any persons interested in the estate, or under the trust, or in the immovable property 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 originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order.
E
(2.) 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.
(3.) It shall not be necessary for any person served with notice of any judgment or order to obtain an order for liberty to attend the proceedings under such judgment or order, but such person shall be at liberty to attend the proceedings on entering an appearance in the Registry in the same manner, and subject to the same provisions, as a defendant entering an appearance.
(4.) A memorandum of the service on any person of notice of the judgment or order in any action under this section, shall be entered in the Registry, on due proof by affidavit of such service.
1
Schedule::
(5) Notice of a judgment or order served pursuant to this section shall be entitled in the action, and there shall be indorsed thereon a memorandum of such notice.
Form No. 11.
D. 1901.
CODE OF CIVIL PROCEDURE.
[No. 3
669
trust at suit of cestui que
78. Any one of several cestuis que trustent under any deed or instru- Execution of ment entitled to a judgment or order for the execution of the trusts of the deed or instrument may have the same without serving any other trust. cestui que trust.
may have
0. 16 r. 36.
Administra- tion at suit
etc. Ib. r. 38.
Conduct of
79. Any executor, administrator, or trustee entitled thereto judgment or order against any one legatee, next of kin, or cestui que bon acutor, rust for the administration of the estate or the execution of the trust.
80. The Court may require any person to be made a party to any action or other proceeding, and may give the conduct of the action or proceeding to such person as it may think fit, and may make such order in any particular case as it may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question.
any
deed or
81-(1.) Where, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of instrument, or for the partition or sale of any immovable property, judgment or order has been pronounced or made-
(a.) for the making of inquiries; or
(b.) for the taking of accounts; or
a
action or proceeding. 7. r. 39.
Service of
notice of judgment in action for
administra- tion of estate, etc., and effect thereof
(c.) affecting the rights or interests of persons not parties to the To.. 40.
action,
the Court may direct that any persons interested in the estate, or under the trust, or in the immovable property 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 originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order.
E
(2.) 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.
(3.) It shall not be necessary for any person served with notice of 16. r. 41. any judgment or order to obtain an order for liberty to attend the pro- ceedings under such judgment or order, but such person shall be at liberty to attend the proceedings on entering an appearance in the Registry in the same manner, and subject to the same provisions, as a defendant entering an appearance.
(4.) A memorandum of the service on any person of notice of the Ib. r. 42. judgment or order in any action under this section, shall be entered in the Registry, on due proof by affidavit of such service.
1
Schedule::
(5) Notice of a judgment or order served pursuant to this section Ib. r. 43. shall be entitled in the action, and there shall be indorsed thereon & Form No. 11. memorandum of such notice.
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