1923_CODE_OF_CIVIL_PROCEDURE — Page 24

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1137

tion at suit of executor,

79. Any executor, administrator, trustee entitled Administra- thereto may have a judgment or order against any one legatee, next of kin, or cestui que trust for the administration etc. of the estate or the execution of the trust.

O. 16, r. 38.

proceeding.

80. The court may require any person to be made a Conduct of party to any action or other proceeding, and may give the action or conduct of the action or proceeding to such person as it may O. 16, r. 39. 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 Service of the estate of a deceased person, or for the execution of the notice of judgment in trusts of any deed or instrument, or for the partition or sale action for of any immovable property, a judgment or order has been pronounced or made-

(a) for the making of inquiries; or

(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.

administra- tion of estate, etc., and effect thereof. O. 16, r. 40.

(3) It shall not be necessary for any person served with O. 16, r. 41. 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 O. 16, r. 42. 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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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1137 tion at suit of executor, 79. Any executor, administrator, trustee entitled Administra- thereto may have a judgment or order against any one legatee, next of kin, or cestui que trust for the administration etc. of the estate or the execution of the trust. O. 16, r. 38. proceeding. 80. The court may require any person to be made a Conduct of party to any action or other proceeding, and may give the action or conduct of the action or proceeding to such person as it may O. 16, r. 39. 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 Service of the estate of a deceased person, or for the execution of the notice of judgment in trusts of any deed or instrument, or for the partition or sale action for of any immovable property, a judgment or order has been pronounced or made- (a) for the making of inquiries; or (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. administra- tion of estate, etc., and effect thereof. O. 16, r. 40. (3) It shall not be necessary for any person served with O. 16, r. 41. 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 O. 16, r. 42. 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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CODE OF CIVIL PROCEDURE. or No. 3 of 1901. 1137 tion at suit of executor, 79. Any executor, administrator, trustee entitled Administra- thereto may have a judgment or order against any one legatee, next of kin, or cestui que trust for the administration etc. of the estate or the execution of the trust. 0. 16, r. 38. proceeding. 80. The court may require any person to be made a Conduct of party to any action or other proceeding, and may give the action or conduct of the action or proceeding to such person as it may o. 16, r. 39. 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 Service of the estate of a deceased person, or for the execution of the notice of judgment in trusts of any deed or instrument, or for the partition or sale action for of any immovable property, a judgment or order has been pronounced or made- (a) for the making of inquiries; or (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. administra- tion of estate, etc., and effect thereof. 0. 16, r. 40. (3) It shall not be necessary for any person served with 0. 16, r. 41. 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 o. 16, r. 42. 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. ... སྭཱཧཱཏ
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CODE OF CIVIL PROCEDURE.

or

No. 3 of 1901.

1137

tion at suit of executor,

79. Any executor, administrator, trustee entitled Administra- thereto may have a judgment or order against any one legatee, next of kin, or cestui que trust for the administration etc. of the estate or the execution of the trust.

0. 16, r. 38.

proceeding.

80. The court may require any person to be made a Conduct of party to any action or other proceeding, and may give the action or conduct of the action or proceeding to such person as it may o. 16, r. 39. 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 Service of the estate of a deceased person, or for the execution of the notice of

judgment in trusts of any deed or instrument, or for the partition or sale action for of any immovable property, a judgment or order has been pronounced or made-

(a) for the making of inquiries; or

(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.

administra- tion of estate, etc., and effect thereof. 0. 16, r. 40.

(3) It shall not be necessary for any person served with 0. 16, r. 41. 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 o. 16, r. 42. 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.

... ༔ སྭཱཧཱཏ

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