CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
727
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 & 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.
Cause not to abate by marriage, etc., of party if cause of action survives, nor defective by conveyance of estate, etc.
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.
O. 17, r. 1. Service of notice on etc., in case of marriage, etc., of party.
O. 17, r. 2.
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.
Continuance of cause by or against successor in title. O. 17, r. 3.
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.
O. 17, r. 4.
97.-(1) An order obtained under section 96 shall, unless the court otherwise directs, be served on the continuing party and
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
727
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 & 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.
reason of
Cause not to abate by marriage, etc., of party action sur- vives, nor defective by. conveyance
if cause of
to become
of estate, etc.
0. 17, r. 1. Service of
notice on
94. In case of the marriage, death or bankruptcy, or devolution of estate by operation of law, of any party to a husband, cause or matter, the court may, if it is deemed necessary for etc., in case the complete settlement of all the questions involved, order that of marriage,
etc., of the husband, personal representative, trustee or other successor party. in interest, if any, of such party be made a party, or be served 0. 17, r. 2. 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.
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.
Continuance of cause by or against successor in title. 0. 17, r. 3.
Order to
proceedings
in case of
O. 17, r. 4.
96. Where by reason of marriage, death or bankruptcy, or any other event occurring after the commencement of a cause carry on or matter and causing a change or transmission of interest or liability, or by reason of any person interested coming into marriage, existence after the commencement of the cause or matter, it change of
etc., causing
becomes necessary or desirable that any person not already a interest. party should be made a party, or that any person already a party [cf. ss. 98. should be made a party in another capacity, an order that the & 99.] 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.
97.-(1) An order obtained under section 96 shall, unless Service of the court otherwise directs, be served on the continuing party
order and
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