CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1151
party shall be deemed to have begun only on the service of such writ.
to add, or
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.
or substitute parties. O.16 r. 12.
defendant
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.
added or substituted. O.16 r. 13.
etc., by one
66.-(1) Where there are more plaintiffs than one, any one or more of them may be authorised 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 authorised 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.
Indian Code, s. 35,
or against
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.
O.16 r. 16.
68. Where a lunatic or person of unsound mind, not so found by inquisition, might formerly have sued as plaintiff or would have been liable to be sued as defendant in any suit, he may sue as plaintiff in any action by his committee or next friend, and may defend any action by his committee or guardian appointed for that purpose.
person of
69.-(1) Where default is made by a defendant in entering an appearance to an action, after due service of the writ of summons, and it appears to the Court that he is an infant or a person of unsound mind, not so found by inquisition, so that he is unable of himself to defend the action, the Court may, on the application of the plaintiff or of its own motion, appoint some fit person to be guardian of the defendant for the purpose of the action, by whom he may defend the same.
default in
H. K. Code,
6. 15.
Page 20
Page 21
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1151
party shall be deemed to have begun only on the service of such writ.
to add, or
64. Any application to add, or strike out, or substitute a plaintiff Application or defendant may be made to the Court at any time before trial by cake out, motion or summons, or at the trial of the action in a summary
manner.
or substitute parties. 0.16 r. 12.
defendant
65. Where a defendant is added or substituted, the plaintiff shall, Procedure unless otherwise ordered by the Court, amend the writ of summons where 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.
added or .. 13. substituted.
etc., by one
66.-(1) Where there are more plaintiffs than one, any one or Appearance, more of them may be authorised by any other of them to appear, party for plead, or act for such other in any action or other proceeding under another. this Code.
(2) In like manner, where there are more defendants than one, any one or more of them may be authorised 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.
Indian Code, s. 35,
or against
67. An infant may sue as plaintiff by his next friend, in the Action by manner heretofore practised, and may, in like manner, defend any infant. action by his guardian appointed for that purpose.
0.,16 r. 16.
68. Where a lunatic or person of unsound mind, not so found by Action by inquisition, might formerly have sued as plaintiff or would have lunatic, etc.
or against
been liable to be sued as defendant in any suit, he may sue as plain- ib. r. 17. tiff in any action by his committee or next friend, and may defend any action by his committee or guardian appointed for that purpose.
person of
69.-(1) Where default is made by a defendant in entering an Appointment
of guardian appearance to an action, after due service of the writ of summons, ad litem for and it appears to the Court that he is an infant or a person infant or of unsound mind, not so found by inquisition, so that he is unable unsound of himself to defend the action, the Court may, on the application mind, after of the plaintiff or of its own motion, appoint some fit person to be appearance guardian of the defendant for the purpose of the action, by whom to action. he may defend the same.
default in
H. K. Code,
6. 15.
Page 20Page 21
No comments yet.
Private notes are available after approval.