CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1159
97.-(1) An order obtained under the last section shall, unless the Court otherwise directs, be served on the continuing party or parties or their solicitors, and also on each such new party, unless the person making the application is himself the only new party.
(2) The order shall, from the time of such service, subject, nevertheless, to the next two sections, be binding on the persons served therewith, and every person served therewith who is not already a party to the cause or matter shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with a writ of summons in an action.
0.17 r. 5.
98. Where any person being under no disability or under no disability other than coverture, or being under any disability other than coverture but having a guardian ad litem in the cause or matter, is served with an order to carry on proceedings under section 96, such person may apply to the Court to discharge or vary such order at any time within 12 days from the service thereof.
ib. r. 6.
99. Where any person being under any disability other than coverture, and not having a guardian ad litem in the cause or matter, is served with an order to carry on proceedings under section 96, such person may apply to the Court to discharge or vary such order at any time within 12 days from the appointment of a guardian ad litem for such person, and until such period of 12 days has expired such order shall have no force or effect as against such last-mentioned person.
ib. r. 7.
100. When the plaintiff or defendant in a cause or matter dies, and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant (or the person against whom the cause or matter may be continued) may apply by summons to compel the plaintiff (or the person entitled to proceed) to proceed within such time as may be ordered; and, in default of such proceeding, judgment may be entered for the defendant or, as the case may be, for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by section 390.
ib. r. 8.
101. Where any cause or matter becomes abated or in the case of any such change of interest as is in this Chapter provided for, the solicitor for the plaintiff or the person having the conduct of the cause shall enter in the Cause Book...
ib. r. 9.
* As amended by No. 50 of 1911.
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CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1159
order and
97.-(1) An order obtained under the last section shall, unless the Service of Court otherwise directs, be served on the continuing party or parties effect thereof. or their solicitors, and also on each such new party, unless the son making the application is himself the only new party.
per-
(2) The order shall from the time of such service, subject, never- theless, to the next two sections, be binding on the persons served therewith, and every person served therewith who is not already a party to the cause or matter shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with a writ of summons in an action.
0.17 r. 5.
or vary
*
order by
98. Where any person being under no disability or under no dis- Application ability other than coverture, or being under any disability other than coverture but having a guardian ad litem in the cause or matter, is served with an order to carry on proceedings under section 96, such person may apply to the Court to discharge or vary such order at te. any time within 12 days from the service thereof.
person under no disability,
ib. r. 6.
to discharge or vary
person under
99. Where any person being under any disability other than Application coverture, and not having a guardian ad litem in the cause or matter, is served with an order to carry on proceedings under section order by 96, such person may apply to the Court to discharge or vary such disability. order at any time within 12 days from the appointment of a ib. r. 7. guardian ad litem for such person, and until such period of 12 days has expired such order shall have no force or effect as against such last-mentioned person.
person
100. When the plaintiff or defendant in a cause or matter dies, Procedure and the cause of action survives, but the person entitled to proceed where fails to proceed, the defendant (or the person against whom the defendant plaintiff or cause or matter may be continued) may apply by summons to com- dies, and pel the plaintiff (or the person entitled to proceed) to proceed within entitled to such time as may be ordered; and, in default of such proceeding, to do so.
proceed fails judgment may be entered for the defendant or, as the case may be, ib. r.8. for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by section 390.
101. Where any cause or matter becomes abated or in the case of Entry of any such change of interest as is in this Chapter provided for, the abatement, solicitor for the plaintiff or the person having the conduct of the Cause Book.
etc., in
ib. r.'9.
* As amended by No. 50 of 1911.
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