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ORDER 9 : PARTIES
1. All persons may be joined in one action as plaintiffs, 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 such persons brought separate actions any common question of law or fact would arise : provided that, if upon the application of any defendant it shall appear that such joinder may embarrass or delay the trial of the action, the Court or a Judge may order separate trials, or make such other order as may be expedient, 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. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who shall not be found entitled to relief unless the Court or a Judge in disposing of the costs shall otherwise direct.
2. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court or a Judge may, if satisfied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order that any other person consenting thereto be substituted or added as plaintiff upon such terms as may be just.
3. Where in an action any person has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counter-claim, he may obtain the benefit thereof by establishing his counter-claim as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon.
4. All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. 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.
5. It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him; but the Court or a Judge may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.
6. The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally liable on any one contract, including parties to bills of exchange and promissory notes.
7. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may, in such manner as hereinafter mentioned, or as may be prescribed by any special order, join two or more defendants, to the intent that the question as to which (if any) of the defendants is liable, and to what extent, may be determined as between all parties.
8. 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 of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Court or a Judge may at any stage of the proceedings order any of such persons to be made parties, either in addition to or in lieu of the previously existing parties.
This Rule shall apply to trustees, executors, and administrators, sued in proceedings to enforce a security.
9. (1) Where there are enumerous persons having the same interest in one cause or matter, one or more of such persons may be authorized by the Court or a Judge to sue or defend in such cause or matter, on behalf or for the benefit of all persons so interested.
[Δ.Κ. 25.4.1986] (2)
Before any such order is made a power of attorney signed by the persons to be represented and certified by a Registrar or certifying officer or the
[Κείμενο διαγράφηκε από: Δ.Κ. 25.4.1986:]
Mukhtar [Προστέθηκε από: Δ.Κ. 25.4.1986:] Κοινοτάρχης
and two azas of their village, and empowering the person or persons, who are to sue or defend on their behalf, to represent them in the cause or matter specified in the power of attorney, shall be filed with the writ of summons, except in the case of any unincorporated religious, charitable, philanthropic, educational, social or athletic institution or association not established or conducted for profit.
(3) Where any such order is made, the persons represented shall be bound by the judgment of the Court in the action, and the same may be enforced against them in all respects as if they were parties to the action.
10. No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court or Judge to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out, and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto. Every party whose name is so added as defendant shall be served with a writ of summons or notice in manner provided by Rule 11 of this Order or in such manner as may be prescribed by any special order, and the proceedings as against such party shall be deemed to have begun only on the service of such writ or notice.
11. Where a defendant is added or substituted, the writ of summons shall be amended accordingly and the plaintiff shall, unless otherwise ordered by the Court or a Judge, file a copy of the writ as amended, and serve the new defendant with such amended writ or notice in lien of service thereof in the same manner as original defendants are served, and the proceedings shall be continued as if the new defendant had originally been made a defendant.
12. An infant who has no guardian authorized to bring proceedings and a person of unsound mind whether or not a mental patient or criminal mental patient may sue as plaintiff by a person to be named in the writ of summons and therein described as his next friend. Where such an infant or person of unsound mind is sued he shall defend by a guardian ad litem appointed by the Court or a Judge and such guardian shall not be personally liable for any costs properly incurred by him in the course of the action.
12A. (1) Where, in any cause, matter or other proceeding it appears that any person who belongs to a class of persons who are parties to the cause or matter in question in the same interest, is interested in or affected by, or is a party to such cause, matter or other proceeding, but cannot be found, the Court or Judge may, if satisfied that it is expedient so to do, appoint one or more persons to represent such person, and the judgment or order of the Court or Judge in the presence of the person or persons so appointed shall be binding on the person so represented.
(2) An application to the Court or a Judge under paragraph (1) of this Rule shall be supported by an affidavit setting forth the efforts made to find the person proposed to be represented.
13. If in any cause, matter, or other proceeding it shall appear to the Court or a Judge that any deceased person who was interested in the cause or matter in question has no personal representative in Cyprus, the Court or Judge may, in the cases mentioned below, proceed in the absence of any person representing the estate of the deceased person, or may appoint some person to represent his estate for all the purposes of the cause, matter or other proceeding on such notice to such persons (if any) as the Court or Judge shall think fit, either specially or generally by public advertisement, and the order so made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted personal representative of the deceased had been a party to the cause, matter, or proceeding.
The cases above referred to are--
(a) where there are other parties to the action in the same interest as the deceased;
(b) where the deceased was an accounting party and without beneficial interest and died insolvent;
(c) where the interest of the deceased in the proceeding was small and contingent, or where useless delay and expense would be caused by appointing a person to represent his estate;
(d) where the deceased died after appearance or the time therefor had lapsed, leaving heirs residing abroad.