1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 34

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728

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

effect thereof. O. 17, r. 5.

Application to discharge

or vary order by person under no dis- ability, etc. 0. 17, r. 6.

Application to discharge or vary order by

person under disability. 0. 17, r. 7.

Procedure where plaintiff or defendant dies, and person entitled to proceed fails to do so. O. 17, r. 8..

Entry of abatement,

etc., in

Cause-Book.

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 sections 98 and 99, 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..

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 twelve days from the service

thereof.

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 twelve days from the appointment of a guardian ad litem for such person, and until such period of twelve days has expired such order shall have no force or effect as against such last-mentioned person.

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.

101. Where any cause or matter becomes abated or in the case of any such change of interest as is in this Chapter pro- vided for, the solicitor for the plaintiff or the person having the

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728 No. 3 of 1901. CODE OF CIVIL PROCEDURE. effect thereof. O. 17, r. 5. Application to discharge or vary order by person under no dis- ability, etc. 0. 17, r. 6. Application to discharge or vary order by person under disability. 0. 17, r. 7. Procedure where plaintiff or defendant dies, and person entitled to proceed fails to do so. O. 17, r. 8.. Entry of abatement, etc., in Cause-Book. 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 sections 98 and 99, 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.. 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 twelve days from the service thereof. 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 twelve days from the appointment of a guardian ad litem for such person, and until such period of twelve days has expired such order shall have no force or effect as against such last-mentioned person. 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. 101. Where any cause or matter becomes abated or in the case of any such change of interest as is in this Chapter pro- vided for, the solicitor for the plaintiff or the person having the
Baseline (Original)
728 No. 3 of 1901. CODE OF CIVIL PROCEDURE. effect thereof. O. 17, r. 5. Application to discharge or vary order by person under no dis- ability, etc. 0. 17, r. 6. Application to discharge or vary order by person under disability. 0. 17, r. 7. Procedure where plaintiff or defendant dies, and person entitled to proceed fails to do so. O. 17, r. 8.. Entry of abatement, etc., in Cause-Book. 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 sections 98 and 99, 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.. 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 twelve days from the service thereof. 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 twelve days from the appointment of a guardian ad litem for such person, and until such period of twelve days has expired such order shall have no force or effect as against such last-mentioned person. 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. 101. Where any cause or matter becomes abated or in the case of any such change of interest as is in this Chapter pro- vided for, the solicitor for the plaintiff or the person having the
2026-05-03 13:40:35 · Baseline
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728

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

effect thereof. O. 17, r. 5.

Application to discharge

or vary order by person under no dis- ability, etc. 0. 17, r. 6.

Application to discharge or vary order by

person under disability. 0. 17, r. 7.

Procedure where plaintiff or defendant dies, and person entitled to proceed fails to do so. O. 17, r. 8..

Entry of abatement,

etc., in

Cause-Book.

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 sections 98 and 99, 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..

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 twelve days from the service

thereof.

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 twelve days from the appointment of a guardian ad litem for such person, and until such period of twelve days has expired such order shall have no force or effect as against such last-mentioned person.

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.

101. Where any cause or matter becomes abated or in the case of any such change of interest as is in this Chapter pro- vided for, the solicitor for the plaintiff or the person having the

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