ORDER 11 : PROCEEDINGS UNDER PART XII 0F THE CIVIL PROCEDURE LAW, CAP. 7

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1. If a person entitled under Part XII of the Civil Procedure Law, Cap. 7, to assignment of any security is refused such assignment, such person (or a trustee for him) may bring an action against the creditor claiming such assignment (or damages in default thereof) and join as defendants thereto any other persons from whom he is entitled to indemnification or contribution; and the Court may, by its judgment, order such assignment and realization of the security for such person's benefit (or damages in default of assignment), and adjudge any such other persons as aforesaid to make such indemnification or contribution as the plaintiff may be entitled to.

2. (1) If a person entitled to bring an action under Rule 1 of this Order becomes so entitled after action brought by the creditor, such person may apply in the creditor's. action

(a) to be substituted for the plaintiff;

(b) to join as defendants any other persons from whom he is entitled to indemnification or contribution;

(c) for an order granting him such relief or remedy as he might have been granted in an action under Rule 1 of this Order.

(2) If any persons sought to be joined as defendants oppose the application on the ground that they are not liable to make indemnification or contribution, and the Court or Judge is of opinion that the question of their liability can, without prejudice to the applicant's interests, be more conveniently tried in an independent action, the application may be refused either wholly or in part, and thereupon the applicant shall be at liberty to bring an action as mentioned in Rule 1 of this Order in regard to that part of his application which has been refused without a decision on its merits.

3. (1) A person to whom any security has been assigned pursuant to Part XII of the Civil Procedure Law, Cap. 7, (or a trustee for him) may in an action brought by him against any persons from whom he is entitled to indemnification or contribution also claim enforcement of such security for his benefit.

(2) Such person may, if an action has been brought by the creditor, apply in such action

(a) to be substituted for the plaintiff;

(b) to join as defendants any persons from whom he is entitled to indemnification or contribution;

(c) for an order granting him such relief or remedy as he might have been granted in an action.

4. In any proceedings taken by a person to whom a security has been assigned for the enforcement thereof, such person shall describe himself as the assignee of the creditor by whom the assignment was made, but such creditor shall not be liable for any costs which such person may be ordered to pay in any such proceedings.