CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1133
numerous persons
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.
O. 16, r. 9.
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.
O. 16, r. 9A.
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.
O. 16, r. 11.
(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 party shall be deemed to have begun only on the service of such writ.
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CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1133
numerous persons
61. Where there are numerous persons having the same Caso of 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 having same defend, in such cause or matter, on behalf or for the benefit o. 16, r. 9. of all persons so interested.
interest.
the persons
0. 16, r. 9A.
62. Where, in proceedings concerning a trust, a com- Power to promise is proposed and some of the persons interested in compromise the compromise are not parties to the proceedings, but there in absence are other persons
in the same interest before the court and of some of assenting to the compromise, the court, if satisfied that the interested. 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.
and non- joinder of
63-(1) No cause or matter shall be defeated by reason Misjoinder of the misjoinder or non-joinder of parties, and the court may in every cause or matter deal with the matter in parties. controversy so far as regards the rights and interests of the 0.16, r. 11. 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 party shall be deemed to have begun only on the service of such writ.
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