A 52
[Subsidiary]
CAP. 4] The Rules of the Supreme Court Order 16 [1988 Ed.
Representation of deceased person interested in proceedings (O. 15, r. 15)
15. (1) Where in any proceedings it appears to the Court that a deceased person was interested in the matter in question in the proceedings and that he has no personal representative, the Court may, on the application of any party to the proceedings, proceed in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent that estate for the purposes of the proceedings; and any such order, and any judgment or order subsequently given or made in the proceedings, shall bind the estate of the deceased person to the same extent as it would have been bound had a personal representative of that person been a party to the proceedings.
(2) Before making an order under this rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit.
Declaratory judgment (O. 15, r. 16)
16. No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not any consequential relief is or could be claimed.
Conduct of proceedings (O. 15, r. 17)
17. The Court may give the conduct of any action, inquiry or other proceedings to such person as it thinks fit.
App. A. Forms 20, 21.
ORDER 16
11
THIRD PARTY AND SIMILAR PROCEEDINGS
Third party notice (O. 16, r. 1)
1. (1) Where in any action a defendant who has given notice of intention to defend—
(a) claims against a person not already a party to the action any contribution or indemnity; or
(b) claims against such a person any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or
(c) requires that any question or issue relating to or connected with the original subject-matter of the action should be determined not only as between the plaintiff and the defendant but also as between either or both of them and a person not already a party to the action;
1
A 52
[Subsidiary]
CAP. 4] The Rules of the Supreme Court Order 16 [1988 Ed.
Representation of deceased person interested in proceedings (O. 15,
r. 15)
15. (1) Where in any proceedings it appears to the Court that a deceased person was interested in the matter in question in the proceedings and that he has no personal representative, the Court may, on the application of any party to the proceedings, proceed in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent that estate for the purposes of the proceedings; and any such order, and any judgment or order subsequently given or made in the proceedings, shall bind the estate of the deceased person to the same extent as it would have been bound had a personal representative of that person been a party to the proceedings.
(2) Before making an order under this rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit.
Declaratory judgment (O. 15, r. 16)
16. No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not any consequential relief is or could be claimed.
Conduct of proceedings (O. 15, r. 17)
17. The Court may give the conduct of any action, inquiry or other proceedings to such person as it thinks fit.
App. A. Forms 20, 21.
ORDER 16
11
THIRD PARTY AND SIMILAR PROCEEDINGS
Third party notice (O. 16, r. 1)
1. (1) Where in any action a defendant who has given notice of intention to defend-
(a) claims against a person not already a party to the action
any contribution or indemnity; or
(b) claims against such a person any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or
(c) requires that any question or issue relating to or connected with the original subject-matter of the action should be determined not only as between the plaintiff and the defendant but also as between either or both of them and a person not already a party to the action;
1
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