1150
No. 3 of 1901.
Action for prevention
of waste, etc. 0. 16 r. 37.
Case of
numerous
persons
having same interest. ib. r. 9.
Power to
approve compromise in absence
of some of the persons interested. ib. r. 9 A.
Misjoinder and non-joinder of parties. ib. r. 11.
CODE OF CIVIL PROCEDURE.
(2) This section shall apply to trustees, executors, and administrators sued in proceedings to enforce a security by foreclosure or otherwise.
60. In any action for the prevention of waste or otherwise for the protection of property, one person may sue on behalf or for the benefit of himself and all persons having the same interest.
61. Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorised by the Court to defend, in such cause or matter, on behalf or for the benefit of all persons so interested.
62. Where, in proceedings concerning a trust, a compromise is proposed and some of the persons interested in the compromise are not parties to the proceedings, but there are other persons in the same interest before the Court and assenting to the compromise, the Court, if satisfied that the compromise will be for the benefit of the absent persons and that to require service on such persons would cause unreasonable expense or delay, may approve the compromise and order 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
1150
No. 3 of 1901.
Action for prevention
of waste, etc. 0. 16 r. 37.
Case of
numerous
persons
having same interest. ib. r. 9.
Power to
approve compromise in absence
of some of the persons interested. ib. r. 9 A.
Misjoinder and non- joinder of parties. ib. r. 11.
CODE OF CIVIL PROCEDURE.
(2) This section shall apply to trustees, executors, and adminis- trators sued in proceedings to enforce a security by foreclosure or otherwise.
60. In any action for the prevention of waste or otherwise for the protection of property, one person may sue on behalf or for the benefit of himself and all persons having the same interest.
61. Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorised by the Court to defend, in such cause or matter, on behalf or for the benefit of all persons so interested.
62. Where, in proceedings concerning a trust, a compromise is proposed and some of the persons interested in the compromise are not parties to the proceedings, but there are other persons in the same interest before the Court and assenting to the compromise, the Court, if satisfied that the compromise will be for the benefit of the absent persons and that to require service on such persons would cause unreasonable expense or delay, may approve the compromise and order 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 ques- tions 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
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