CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
715
55. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the court may, if satisfied that it has been so commenced through a bona fide mistake and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff, on such terms as may be just.
Case of action commenced in name of wrong plaintiff. O. 16, r. 2.
56. Where in an action any person has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counterclaim or set-off, he may obtain the benefit thereof by establishing his counterclaim or set-off as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon.
Case of counterclaim where a co-plaintiff is wrongly joined. O. 16, r. 3.
57.-(1) All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
General rules as to joinder of persons as defendants. O. 16, r. 4.
(2) It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him; but the court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.
O. 16, r. 5.
(3) The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.
O. 16, r. 6.
58. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may, in such manner as is hereinafter mentioned, join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.
59.-(1) Trustees, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any person entitled to redress. O. 16, r. 7.
Case of plaintiff in doubt as to person from whom he is entitled to redress.
Action by or against trustees, executors
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
715
55. Where an action has been commenced in the name of Case of
action
the wrong person as plaintiff, or where it is doubtful whether it commenced has been commenced in the name of the right plaintiff, the court in name of may, if satisfied that it has been so commenced through a bond wrong fide mistake and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff, on such terms as may be just.
plaintiff. O. 16, r. 2.
counterclaim where a
56. Where in an action any person has been improperly or Case of unnecessarily joined as a co-plaintiff, and a defendant has set up a counterclaim or set-off, he may obtain the benefit thereof plaintiff is by establishing his counterclaim or set-off as against the parties wrongly
joined. other than the co-plaintiff so joined, notwithstanding the mis- 0. 16, r. 3. joinder of such plaintiff or any proceeding consequent thereon.
:
rules as to joinder of persons as
57.-(1) All persons may be joined as defendants against General whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
defendants. 0. 16, r. 4.
(2) It shall not be necessary that every defendant shall be 0. 16, r. 5. interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him; but the court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no
interest.
(3) The plaintiff may, at his option, join as parties to the 0. 16, r. 6. same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.
58. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may, in such manner as is hereinafter mentioned, join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.
59.-(1) Trustees, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any
Case of plaintiff in person from whom he is entitled to redress.. O. 16, г. 7.
doubt as to
Action by or against trustees, executors
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