PARTIES-continued.

No person is to be added

(a) As a plaintiff suing without a next friend, or (b) As the next friend of a plaintiff under any disability,

without his own consent thereto (Ord. 16, r. 13).

All parties added as defendants are to be served with a summons or notice in manner mentioned in Ord. 16, r. 15, or in the manner prescribed by any special order, and the proceedings as against them shall be deemed to have begun only on the service of such summons or notice (Ord. 16, r. 13).

Application to add or strike out, &c. Any application to

(a) Add,

(b) Strike out, or

(c) Substitute,

a plaintiff or defendant may be made to the Court or a

Judge

1. At any time before trial,

(a) By motion, or

(b) By summons; or

2. At the trial, in a summary manner (Ord. 16, r. 14).

FILING of Amended Writ, on Defendant being added.

Where a defendant is added [unless otherwise ordered] the plaintiff shall file an amended copy of and sue out a writ of summons, and serve such writ, or notice, on the new defendant in the usual manner (Ord. 16, r. 15).

AMENDMENT, and Service, of Claim.

If statement of claim has been delivered, the same is to be amended [unless otherwise ordered] in such manner as may be desirable (Ord. 16, r. 16).

PARTIES-continued.

SERVICE of Amended Claim.

A copy of such amended claim is to be delivered to the new defendant—

(a) At the time when he is served with the writ, or notice; or

(b) Within four days after his appearance (Ord. 16, r. 16).

Third parties. Where a defendant—

(a) Claims to be entitled to (i) any contribution, or (ii) indemnity, or (iii) any other remedy or relief over against any other person; or (b) Where from any other cause it appears to the Court or a Judge, that the question in the action should be determined (i) not only as between plaintiff and defendant, but (ii) as between plaintiff, defendant, and any other person, or between either of them, the Court or Judge may (on notice being given as provided in the rule) make such order as may be proper for determining the question (Ord. 16, r. 17).

SERVING of Notice, &c. by Defendant.

In such case, the defendant is (within the time for delivery of his statement of defence) to serve such third person with notice of his claim, together with a statement of the plaintiff's claim, or if there is not one, then with a copy of the writ in the action. If the third party desires to dispute all liability, he must enter an appearance in the action within eight days from the service of the notice, or after that time may be allowed to appear by the Court or a Judge (Ord. 16, rr. 16-20).

After appearance the party giving the notice is to apply to the Court or a Judge for directions as to the mode of determining the question in the action, and liberty to such third person to defend may be given on such terms as shall seem just, and generally all proper directions may be given (Ord. 16, r. 21).

PARTIES-continued.

If the third person, after being so served, makes default in appearing, he is to be deemed to admit the validity of the judgment which may be obtained against the defendant in the action, whether obtained by consent or otherwise (Ord. 16, r. 20).

[See also sect. 24 (S. C. J. Act, 1873), sub-sect. 3.]

JOINDER of Causes of Action.

Subject to Ord. 17, the plaintiff may unite in the same action and in the same statement of claim several causes of action; but if it appear that they cannot be conveniently tried together, the Court or Judge may(a) Order separate trials; or

(b) May make such order as may be necessary or expedient for the separate disposal thereof (Ord. 16, r. 1).

In actions for recovery of land.

No cause of

action (unless by leave) shall be joined with an action

for the recovery of land, except,

(a) Claims in respect of mesne profits; or

(b) Arrears of rent; or

(c) Damages for breach of any contract under which the premises or any part thereof are held (Ord. 17, r. 2).

Claims by a trustee in bankruptcy. Claims by a trustee in bankruptcy as such shall not be joined with any claim by him in any other capacity,

unless by leave of the Court or a Judge (Ord. 17, r. 3).

Claims by or against husband and wife may be joined with claims by or against either of them separately (Ord. 17, r. 4), (subject to Ord. 17, r. 3).

JOINDER of Causes of Action-continued.

Claims by or against an executor or administrator, as such, may be joined with claims by or against him personally: provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator. This is subject, however, to Ord. 17, r. 3 (Ord. 17, r. 5).

Claims by plaintiff jointly may (subject to Ord. 17, r. 3) be joined with claims by them or any of them separately against the same defendant (Ord. 17, r. 6).

APPLICATION by Defendant to confine Causes of Action.

Any defendant alleging that the plaintiff has united in the same action several causes of action which cannot be conveniently disposed of in one action, may, at any time, apply to the Court or a Judge for an order confining the action to such of the causes as may be so disposed of in one proceeding (Ord. 17, r. 8).

APPLICATION by Defendant to exclude Causes.

If, on the hearing of such application as in the last preceding rule mentioned, it shall appear to the Court or a Judge that the causes of action are such as cannot all be conveniently disposed of in one action, the Court or Judge may

(a) Order any of such causes of action to be excluded; and

(b) May direct the statement of claim [or if no claim has been delivered, the copy of the writ of summons and the endorsement of claim on the writ] to be amended accordingly; and

(c) Make such order as to costs as shall be just (Ord. 17, r. 9).

PLEADING generally.-The ordinary pleadings are as follows;

(Claim.)

(Defence.)

(Reply.)

Unless the defendant at the time of his appear

ance states that he does not require one, the plaintiff is to deliver a statement of his complaint, and of the remedy or relief he claims, within six weeks. The defendant is then to deliver a statement of his defence, set-off, or counter-claim (if any) within eight days; and the plaintiff is to deliver his reply (if any) thereto within three weeks (Ord. 21, r. 1; Ord. 22, r. 1; and Ord. 24, r. 1).

The chief rules as to all pleadings are as follows:-They are to be as brief as the nature of the case will admit (Ord. 19, r. 2).

Any costs occasioned by unnecessary prolixity are to be borne by the party chargeable with the same (Ord. 19, r. 2).

They are to be divided into paragraphs, numbered consecutively, and each paragraph containing, as nearly as may be, a separate allegation (Ord. 19, r. 4).

They are to contain, as concisely as may be, a statement of the material facts on which the party pleading relies, but not the evidence by which they are to be proved (Ord. 19, r. 4).

Dates, sums, and numbers to be expressed in figures (Ord. 19, r. 4).

The signature of counsel is not to be necessary (Ord. 19, r. 4).

They are to be printed, unless containing less than 10 folios (of 72 words each), when they may be printed or written (or partly one and partly the other) (Ord. 19, 1. 5).