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23.—(1) Where, after the commencement of any action and before final decree, there is any assignment, creation, change, transmission or devolution of the interest, estate or title of any plaintiff, the judge may, upon the ex parte application of the person to or upon whom such interest, estate or title has come or devolved or of any party to the action, grounded upon an affidavit setting out the facts of such assignment, creation, change, transmission or devolution, make an order that such person be substituted for or made a joint plaintiff with the plaintiff named in the original civil bill and the judge may, before making such order, require such notice of the application to be served as he thinks fit.
(2) Where, after the commencement of any action, there is any assignment, creation, change, transmission or devolution of the interest, estate or title of any defendant, the judge may, on an ex parte application grounded upon an affidavit setting forth the facts of such assignment, creation, change, transmission or devolution, make an order that the person to or upon whom such interest, estate or title has come or devolved, be substituted for or made a joint defendant with the defendant named in the original civil bill, and the judge may, before making such order, require such notice of the application to be served as he thinks fit.
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