1.—(1) All persons may be joined as plaintiffs in one action in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if they brought separate actions, any common question of law or fact would arise but if, on the application of any defendant, it appears that any joinder may embarrass or delay the hearing, the judge may order separate hearings, or make such other order as he thinks fit.
(2) A decree may be given for any plaintiff for the relief to which he is entitled, without any amendment, but any defendant, though unsuccessful, may be awarded any extra costs caused by joining any person who is not found entitled to relief.
2.—(1) All persons may be joined as defendants in one action against whom the right to any relief in respect of or arising out of the same transaction or event or series of transactions or events is alleged to exist, whether jointly, severally or in the alternative, where if separate actions were brought any common question of law or fact would arise.
(2) A decree 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.
(3) Where two or more persons are made defendants, whether as jointly or as severally liable, the plaintiff may have a decree against any one or more of the defendants without prejudice to his right to proceed with the action against any other defendant.
(4) Where a plaintiff proceeds against one or more of several persons jointly liable, the defendant or defendants sued may avail himself or themselves of any set-off or other defence to which he or they would be entitled if all the persons liable were made defendants.
3. It shall not be necessary that every defendant to an action shall be interested as to all the relief claimed, or as to every cause of action, but the judge may make any order that may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he has no interest.
4. The plaintiff may at his option join as parties to the same action all or any one of the persons severally or jointly and severally liable on any one contract.
5. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, so that the question which is liable, and to what extent, may be determined between the parties.
6.—(1) No action or matter shall be affected by reason of the misjoinder or non-joinder of parties, and the judge may in every action or matter deal as justice may require with the real question at issue between the parties actually before him.
(2) Where one or more than one of several persons jointly liable is sued and the other or others so liable and not sued reside out of the jurisdiction or are dead, the fact of the residence of the party or parties not sued being outside the jurisdiction, or the death of such parties, shall appear on the face of the process.
7.—(1) Where there are numerous persons having the same interest in one action or matter, one or more of them may be authorised or appointed by the judge before or at the hearing, to sue or defend on behalf of all persons so interested.
(2) Where a defendant desires to defend on behalf of numerous persons having the same interest, he shall, within five days from the day on which the civil bill is served on him, file in the Office an affidavit stating the facts on which he relies and the names, addresses and occupations or, where appropriate, a collective description of the persons on behalf of whom he desires to defend, and serve on the plaintiff a copy of the affidavit together with a notice of the defendant's intention to apply to the judge at or before the hearing of the action or matter for leave so to defend.
(3) If an order is made for the defendant so to defend—
(a)a collective description sufficient to designate the persons to whom the order relates shall be added to the name of the defendant in the books of the court;
(b)notice shall be given to such persons affected by the order and in such manner, in Form 3 or Form 4 or otherwise, as the judge directs;
(c)the hearing of the action or matter may be adjourned to enable any person who is included in the collective description to object to the defendant defending on behalf of all or any of the persons to whom the order relates;
(d)where an objection is made under paragraph (c), the judge shall consider the objection and make such further order as he thinks fit.
8.—(1) Trustees, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any person beneficially interested therein, and shall be considered as representing such person, but the judge may, at any stage of the proceedings, order any person to be made a party either in addition to or in lieu of the previously existing parties.
(2) This Rule shall apply to trustees, executors and administrators sued in proceedings to enforce a security by sale or otherwise.
9.—(1) Where any person against whom an action would have lain has died but the cause of action survives, the action may; if no grant of probate or administration has been made, be brought against the estate of the deceased.
(2) Without prejudice to the generality of paragraph (1), an action brought against “the personal representatives of AB deceased” shall be treated for the purposes of that paragraph as having been brought against his estate.
(3) An action purporting to have been commenced against a defendant who has died shall, if the cause of action survives and no grant of probate or administration has been made, be treated as having been brought against his estate in accordance with paragraph (1).
(4) In any such action as is referred to in paragraph (1) or (3)—
(a)the plaintiff shall apply to the judge for an order appointing a person to represent the deceased's estate for the purpose of the proceedings or, if a grant of probate or administration has been made since the issue of the civil bill, for an order that the personal representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person so appointed, or as the case may be against the personal representative, as if he had been substituted for the estate;
(b)the judge at any stage of the proceedings and on such terms as he thinks just and either on his own motion or on application may make any such order as is mentioned in sub-paragraph (a) and allow such amendments (if any) to be made and make such other order as he thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon.
(5) Before making an order under paragraph (4) the judge may require notice to be given to any insurer of the deceased who has an interest in the proceedings and to such (if any) of the persons having ail interest in the estate as he thinks fit.
(6) Where no grant of probate or administration has been made, any decree granted in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceedings.
10. In actions brought under Article 12 of the Order, any person not named as a defendant—
(a)may appear and defend, on sending by post to the chief clerk and to each plaintiff and defendant before the entry day a notice claiming that he has an estate or interest in the land to which the action relates or a part thereof;
(b)may, by leave of the judge, appear and defend at the hearing, and the judge may, if he thinks fit, add the name of such person as a defendant in the action;
and the judge may deal with such person; both as to costs and allowances, as if he had been originally named as a defendant and served with the civil bill.