(2) 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.
4. Where in an action, any person has been improperly or unnecessarily joined as a co-plaintiff, and the
defendant has set up a counter- claim or set-off, the defendant may obtain the benefit thereof by establishing his
set-off or counter-claim as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of the plaintiff or any proceeding consequent thereon.
5. (1) If it appears to the Court, at or before the hearing of a suit, that all the persons who may be entitled to or
who claim some share or interest in the subject-matter of the suit, or who may be likely to be affected by the
result, have not been made parties, the Court may adjourn the hearing of the suit to a future day, to be fixed by
the Court and direct that those persons shall be made either plaintiffs or defendants in the suit, as the case may
be.
(2) In such case the Court shall issue a notice to the person which shall be served in the manner provided by
these Rules for the services of a writ of summons or in such other manner as the Court thinks fit to direct; and on
proof of the due service of the notice, the person so served whether he appears or not, shall be bound by all
proceedings in the cause:
Provided that a person so served, and failing to appear within the time limited by the notice for his appearance,
may at any time before judgment in the suit, apply to the Court for leave to appear, and the leave may be given
upon such terms (if any) as the Court thinks fit.
(3) The Court may, at any stage of the proceedings and on such terms as appear to the Court to be just, order that
the name or names of any party or parties, whether as plaintiffs or defendants, improperly joined, be struck out.
6. Where a person has a joint and several demand against more persons than one, ether as principals or sureties,
it shall not be necessary for him to bring before the Court, as parties to a suit concerning the demand, all the
persons liable thereto and he may proceed against any one or more persons severally or jointly and severally
liable.
7. (1) If the plaintiff sues, or any defendant counter-claims, in any representative capacity, it shall be so
expressed on the writ.
(2) The Court may order any of the persons represented to be made parties either in lieu of, or in addition to, the
previously existing parties.
8. Where more persons than one have the same interest in one suit, one or more of them may, with the approval
of the Court, be authorised by the other persons interested to sue or to defend the suit for the benefit of or on
behalf of all parties so interested.
9. Any two or more persons claiming or alleged to be liable as partners may sue or be sued in the name of the
firm in which they were partners when the cause of action arose; and any party to an action may in such case
apply to the Court for a statement of the names and addresses of the persons who were when the cause of action
arose, partners in any such firm, to be furnished in the manner, and verified on oath or otherwise, as the Court
may direct.
10. Infants may sue as plaintiffs by their next friends and may defend by guardians appointed for that purpose.
11. Lunatics and persons of unsound mind may respectively sue as plaintiffs by their committees or next friends,
and may in like manner defend any action by their committees or guardians appointed for that purpose.
12. (1) An infant shall not enter an appearance except by his guardian ad litem.
(2) No order for the appointment of a guardian shall be necessary if the legal practitioner applying to enter the
appearance makes and files an affidavit in Form 14 in the Appendix to these Rules with such variations as
circumstances may require.