EXECUTION-continued. entitled to priority according to the time of the original delivery thereof (Ord. 42, r. 16). Every order of the Court or a Judge, whether in an action, cause, or matter, may be enforced in the same manner as a judgment to the same effect (Ord. 42, r. 20). In cases other than those mentioned in Rule 18, any party (not being a party to the action), who— (a) Obtains any order, or (b) In whose favour any order is made, shall be entitled to enforce obedience to such order by the same process, as if he were a party to the action (Ord. 42, r. 21). And any person (not being a party to the action) against whom obedience to any judgment or order may be enforced, shall be liable to the same process for enforcing obedience to such judgment, &c., as if he were a party to the action (Ord. 42, r. 21). No proceeding by Auditâ Querelâ abolished. auditâ querelâ shall hereafter be used; but any party against whom judgment has been given may apply to the Court or a Judge for a stay of execution or other relief against such judgment, upon the ground of facts which have arisen too late to be pleaded (Ord. 42, r. 22). And the Court or Judge may give such relief and upon such terms as may be just (Ord. 42, r. 22). PART II. PARTIES. 1. Plaintiffs. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist; whether (a) Jointly, (b) Severally, or (c) In the alternative (Ord. 16, r. 1). And judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief for such relief as he or they may be entitled to without any amendment (Ord. 16, r. 1). But the defendant (though unsuccessful) shall be entitled to his costs occasioned by joinder of any persons who shall not be found entitled to relief, unless the Court otherwise directs (Ord. 16, r. 1). 1. Where an action has been commenced in the 2. Where it is doubtful whether it has been com- (a) If satisfied that it has been so com- (b) That it is necessary for the determination of the real matter in dispute so to do (Ord. 16, r. 2). PARTIES-continued. JOINDER of Defendants. All persons may be joined as defendants against whom right to relief is alleged to exist, whether— (a) Jointly, (b) Severally, or (c) In the alternative (Ord. 16, r. 3). 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 (Ord. 16, r. 3). It is not necessary that every defendant to an action shall be interested as to all the relief prayed for, or as to every cause of action included therein; but the Court or a Judge may make such order as may be just to prevent any defendant from (a) Being embarrassed, or (b) Put to expense, by being required to attend any proceedings in which he may have no interest (Ord. 16, r. 4). The plaintiff may, at his option, join as parties to the same action all or any of the persons (a) Severally, or (b) Jointly and severally, liable on any one contract, including parties to bills and notes (Ord. 16, r. 5). JOINDER of Parties where Plaintiff in doubt. Where the plaintiff is in doubt against which of two or more persons he can sustain his claim, he may join the two in one action, so that the question as to which is liable, and to what extent, may be determined (Ord. 16, 1. 6). Trustees, executors and administrators may sue and be sued on behalf of or as representing the PARTIES-continued. property or estate of which they are trustees, &c., without joining any of the beneficiaries; but the Court or Judge may, at any stage of the proceedings, order any of such persons to be made parties (Ord. 16, r. 7). Married women (a) May sue as plaintiffs by their next friend, in the same manner as formerly in Chancery (Ord. 16, r. 8), (b) May sue or defend (by leave of Court or Judge) 1. Without their husbands, and 2. Without a next friend, on giving such security as Court or Judge may require (Ord. 16, r. 8). Infants May sue (a) as plaintiffs by their next friend; and May defend (b) by their guardians appointed for that purpose, in manner practised in Chancery before passing of Judicature Act (Ord. 16, r. 8). Lunatics. Lunatics and persons of unsound mind not so found 1. May sue (a) as plaintiffs by their committee, or (b) next friend; 2. May defend (a) by committee, or (b) by guardians appointed for that purpose, as formerly in Chancery. Numerous parties having same interests. Where there are numerous parties having the same interest in one action, one or more of such parties may(a) Sue or be sued; or (b) May be authorised by the Court to defend, on behalf of all parties so interested (Ord. 16, r. 9). PARTIES-continued. Class representatives. Where (a) it is not known, or (b) it is difficult to ascertain, who are the heir at law or next of kin or a class; (b) for some other reason, the Court may appoint some one or more person or persons to represent such heir at law, next of kin or class (Ord. 16, r. 9a). And the judgment of the Court shall be binding upon the party or parties or class so represented (Ord. 16, r. 9a). Partners. Any two or more persons claiming or being liable as co-partners may sue or be sued in the name of their firm; and any party may apply by summons to a Judge for a statement of the names of the copartners, to be furnished and verified on oath as the Judge may direct (Ord. 16, r. 10). [The provisions in 15 & 16 Vict. c. 86, s. 42, are to be in force in all actions in the High Court, subject to the act and rules (Ord. 16, r. 11).] Misjoinder. No action is to be defeated by reason of misjoinder of parties, either as plaintiffs or defendants; and the Court may order the names of any plaintiffs or defendants to be struck out at any time, and the names of any parties to be added (Ord. 16, r. 13). The Court may in every action deal with the matter in controversy, so far as regards the rights and interests of the parties actually before it (Ord. 16, r. 13). The order may be made 1. At any stage of the proceedings; 2. And either (a) upon, or (b) without the application of either party, and on such terms as may be just (Ord. 16, r. 13). |