1154
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Administra-
tion of executor,
etc.
79. Any executor, administrator, or trustee entitled thereto may have a 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.
O.16 r. 38.
Conduct of action or proceeding. ib. r. 39.
Service of notice of judgment in action for
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.
81.-(1) Where, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of any deed or instrument, or for the partition or sale of any immovable property, a judgment or order has been pronounced or made-
(a) for the making of inquiries; or
administra-
tion of estate,
etc., and
effect thereof. ib. r. 40.
ib. r. 41.
ib. r. 42.
(b) for the taking of accounts; or
(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.
(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.
1154
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Administra-
of executor,
79. Any executor, administrator, or trustee entitled thereto may tration at suit have a 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.
etc.
0.16 r. 38.
Conduct of action or proceeding. ib. r. 39.
Service of notice of
judgment in action for
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.
81.-(1) Where, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of any deed or instrument, or for the partition or sale of any immovable tion of estate, property, a judgment or order has been pronounced or made-
(a) for the making of inquiries; or
administra-
etc., and
effect thereof. ib. r. 40.
ib. r. 41.
ib. r. 42.
(b) for the taking of accounts; or
(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.
(2) Any person so served may, within one month after such ser- vice, 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 provi- sions, 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.
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