Θεσμοί Πολιτικής Δικονόμίας - ORDER 12: CHANGE OF PARTIES BY DEATH, ETC

1. A cause or matter shall not become abated by reason of the death or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the termination of the hearing and judgment, but judgment may in such case be given notwithstanding the death.

2. In case of the death, or bankruptcy, or devolution of estate by operation of law, of any party to a cause or matter, the Court or a Judge may, if it be deemed necessary for the complete settlement of all the questions involved, order that the personal representative, trustee or other successor in interest (if any) of such party be made a party, or be served with notice in such manner and form as hereinafter prescribed, and on such terms as the Court or Judge shall think just, and. shall make such order for the disposal of the cause or matter as may be just.

3. In case of an assignment, creation, or devolution of any estate or title pendente lite, the cause or matter may be continued by or against the person to or upon whom such estate or title has come or devolved.

4. Where by reason of death, bankruptcy, or any other event occurring after the commencement of a cause or matter, and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the cause or matter, it becomes necessary or desirable that any person not already a party should be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties, and such new party or parties, may be obtained ex parte on application to the Court or a Judge, upon an allegation of such change, or transmission of interest or liability, or of any such person interested having come into existence.

5. (1) An order obtained as mentioned in Rule 4 of this Order shall, unless the Court or Judge otherwise directs, be served upon the continuing party or parties, or their advocates, and also upon each such new party, unless the person making the application be himself the only new party, and the order shall from the time of such service, subject nevertheless to Rules 6 and 7 of this Order, be binding on the persons served therewith, and every person served therewith who is not already a party to the cause or matter shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with a writ of summons.

(2) Every new party who is added as a defendant shall, at the same time as he is served with the order, be served with an office copy of the writ of summons. The copy of the order served shall bear an indorsement in Form 11.

6. Where any person served with an order made under Rule 4 of this Order is an infant without a guardian authorized to defend proceedings on his behalf, or is a person of unsound mind whether or not a mental patient or criminal mental patient under the Mental Patients Law, Cap. 120, the person on whose application the order was made, or any continuing party to the action, may at any time after the making of the order, apply to the Court or a Judge that a guardian ad litem be appointed, in the same way as a plaintiff may apply under Rule 1 of Order 17.

7. Any person served with an order made under Rule 4 of this Order who is not under any disability, or being under disability appears by a guardian authorized by any law to defend proceedings on his behalf, or has had a guardian ad litem appointed for him, may apply to the Court or Judge to discharge or vary such order within fifteen days from the service thereof, and any person so served who is under any disability and who is without any guardian authorized by law to defend on his behalf, or who has not had a guardian ad litem appointed for him, may similarly apply to discharge or vary the order within fifteen days from the appointment of such guardian; such order shall be binding on every person served therewith who is not under disability or who has a guardian authorized to defend proceedings on his behalf, unless it be discharged or varied, but in the case of a person under disability who has no such guardian it shall have no force or effect until the lapse of fifteen days after the appointment of the guardian ad litem.

8. When the plaintiff or defendant in a cause or matter dies and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant (or the person against whom the cause or matter may be continued) may apply to compel the plaintiff (or the person entitled to proceed) to proceed within such time as may be ordered : and, in default of such proceeding, judgment may be entered for the defendant, or, as the case may be, for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by Order 40, Rule 8.

9. Where any cause or matter becomes abated or in the case of any such change of interest as is by this Order provided for, the advocate for the plaintiff or person having the conduct of the cause or matter, as the case may be, shall certify the fact to the Registrar, who shall cause an entry thereof to be made in the Cause Book opposite to the name of such cause or matter.

10. Where any cause or matter shall have been standing for one year in the Cause Book marked as "abated" , or standing over generally, such cause or matter at the expiration of the year shall be struck out of the Cause Book.