CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1149
if satisfied that it has been so commenced through a bonâ fide mistake and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff, on such terms as may be just.
56. Where in an action any person has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counterclaim or set-off, he may obtain the benefit thereof by establishing his counterclaim or set-off as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon.
57.-(1) All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
(2) It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him; but the Court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.
(3) The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.
58. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may, in such manner as is hereinafter mentioned, join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.
59.-(1) Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Court may, at any stage of the proceedings, order any of such persons to be made parties, either in addition to or in lieu of the previously existing parties.
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CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1149
if satisfied that it has been so commenced through a bonâ fide mis- take and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff, on such terms as may be just.
where' a
56. Where in an action any person has been improperly or un- Case of necessarily joined as a co-plaintiff, and a defendant has set up a counterclaim counterclaim or set-off, he may obtain the benefit thereof by plaintiff is establishing his counterclaim or set-off as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of 0.16 7.3.
joined. such plaintiff or any proceeding consequent thereon.
57.-(1) All persons may be joined as defendants against whom General rules the right to any relief is alleged to exist, whether jointly, severally, as to joinder or in the alternative; and judgment may be given against such one defendants.
' of persons as or more of the defendants as may be found to be liable, according
ib. r. 4. to their respective liabilities, without any amendment.
(2) It shall not be necessary that every defendant shall be in- ib.7.5. terested as to all the relief prayed for, or as to every cause of action included in any proceeding against him; but the Court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.
(3) The plaintiff may, at his option, join as parties to the same ib.7.6. action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.
Case of
doubt as to
plaintiff in
58. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may, in such manner as is hereinafter mentioned, join two or more defendants, to the intent that the person from question as to which, if any, of the defendants is liable, and to what entitled to extent, may be determined as between all parties.
whom he is
redress. ib.7.7.
trustees,
and adminis-
59.- (1) Trustees, executors, and administrators may sue and be Action by or sued on behalf of or as representing the property or estate of which against they are trustees or representatives, without joining any of the executors, persons beneficially interested in the trust or estate, and shall be trators. considered as representing such persons; but the Court may, any stage of the proceedings, order any of such persons to be made parties, either in addition to or in lieu of the previously existing parties.
at
ib. r. 8.
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