1901_CODE_OF_CIVIL_PROCEDURE — Page 22

ED. 1901.]

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CODE. OF CIVIL PROCEDURE.

[No. 3.

673

after prescribed, and on such terms as the Court may think just, and shall make such order for the disposal of the cause or matter as may be just.

against suc

95. In case of the conveyance, assignment, creation, or devolution of Continuance any estate or title pendente lite, the cause or matter may be continued of cause by or or against the person to or upon whom such estate or title has come cessor in title. or devolved.

of

96. Where by reason of marriage, death, or bankruptcy, or any other event occurring after the commencement of a cause or matter and causing a change or transmission of interest or liability, or by reason any person interested coming into existence after the commencement of the cause or matter, it becomes necessary or desirable that any person not already a party should be made a party or that any person already party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties and such new party or parties may be obtained ex parte on application to the Court, upon an affidavit of such change or transmission of interest or liability or of such person interested having come into existence.

T

97(1.) An order obtained under the last preceding section shall, unless the Court otherwise directs, be served on the continuing party or parties or their solicitors, and also on each such new party, unless the person making the application is himself the only new party.

(2.) The order shall from the time of such service, subject, neverthe- less, to the next two succeeding sections, be binding on the persons served therewith, and every person served therewith who is not already a party to the cause or matter shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with a writ of summons in an action.

0.17 r. 3.

Order to carry on proceed- ings in case of

marriage, etc., causing change of

interest. Ib. r. 4.

Service of affect thereof.

order and

Ib, r. 5.

to discharge order by person not ability, etc.

or vary

98. Where any person being under no disability or under no dis- Application. ability other than coverture, or being under any disability other than Coverture but having a guardian ad litem in the cause or matter, is Gerved with an order to carry on proceedings under section 96, such person may apply to the Court to discharge or vary such order at any

me within twelve days from the service thereof.

1

•

under dis-

Ib. r. 6.

Application to discharge

or vary

-person under

99. Where any person being under any disability other than cover- ture, and not having a guardian ad litem in the cause or matter, is served with an order to carry on proceedings under section 96, such order by person may apply to the Court to discharge or vary such order at any disability: fame within twelve days from the appointment of a guardian ad litem Ib. r. 7. for such person, and until such period of twelve days has expired such order shall have no force or effect as against such last-mentioned person.

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