1158
No. 3 of 1901.
Cause not to abate by reason of marriage, etc., of party if cause of action survives, nor to become defective by conveyance of estate, etc.
O.17 r. 1.
Service of notice on husband, etc., in case of marriage,
ib.r. 2.
CODE OF CIVIL PROCEDURE.
defendant were a third party; but nothing herein contained shall prejudice the rights of the plaintiff against any defendant in the action.
Change of Parties by Marriage, etc.
93. A cause or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues, and shall not become defective by the conveyance, assignment, creation, or devolution of any estate or title pendente lite; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment, but judgment may in such case be entered, notwithstanding the death.
94. In case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to a cause or matter, the Court may, if it is deemed necessary for the complete settlement of all the questions involved, order that the husband, personal representative, trustee, or other successor in interest, if any, of such party be made a party, or be served with notice in such manner and form as is hereinafter 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.
Continuance of cause by or against successor in title.
ib. r. 3.
Order to carry on proceedings in case of marriage, etc., causing change of interest.
ib. r. 4.
95. In case of the conveyance, assignment, creation, or devolution of any estate or title pendente lite, the cause or matter may be continued by or against the person to or upon whom such estate or title has come or devolved.
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 of 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 a 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.
1158
No. 3 of 1901.
Cause not to abate by reason of marriage,
etc., of party if cause of action
survives, nor to become defective by conveyance
of estate, etc.
0.17 r. 1.
Service of notice on husband,
etc., in case
of marriage,
ib.r. 2.
CODE OF CIVIL PROCEDURE.
defendant were a third party; but nothing herein contained shall prejudice the rights of the plaintiff against any defendant in the action.
Change of Parties by Marriage, etc.
93. A cause or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues, and shall not become defective by the conveyance, assignment, creation, or devolution of any estate or title pendente lite; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment, but judgment may in such case be entered, notwithstanding the death.
94. In case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to a cause or matter, the Court may, if it is deemed necessary for the complete settlement of etc., of party. all the questions involved, order that the husband, personal repre- sentative, trustee, or other successor in interest, if any, of such party be made a party, or be served with notice in such manner and form as is hereinafter 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.
Continuance of cause by or against successor in
title.
ib. r. 3.
Order to
carry on proceedings in case of marriage, etc., causing change of interest. ib. T. 4.
95. In case of the conveyance, assignment, creation, or devolution of
any estate or title pendente lite, the cause or matter may be con- tinued by or against the person to or upon whom such estate or title has come or devolved.
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 of any person interested coming into existence after the com- mencement 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 a 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 obtain- ed 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.
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