(2)
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 judge to be just, order that the names of any parties
improperly joined be struck out.
(3)
A judge may order that the name of any party who ought to have been joined or whose presence
before the Court s necessary to effectually and completely adjudicate upon and settle the questions
involved in the proceedings be added.
(4)
No person under legal disability shall be added as a plaintiff suing without a guardian and no person
shall be added as the guardian of a plaintiff under legal disability without his own consent in writing.
(5)
Every party whose name is added as defendant shall be served with the originating processes
or notice in the manner prescribed in these Rules or in such manner as may be prescribed by a
judge and the proceedings against such person shall be deemed to have begun on the service of such
originating processes or notice.
Application to add or strike out.
15.
(1) any application to add or strike out or substitute or vary the name of a plaintiff or defendant
may be made to a judge by motion.
(2)
Where the application is to add a plaintiff or a defendant the application shall be accompanied by
the statement of claim or defence as the case may be, all the exhibits intended to be used and the
depositions of all the witnesses.
Provided that where the application is to substitute deceased party with another person the
application may not be accompanied by the documents specified above.
Where defendant is added
16.
Where a defendant is added or substituted the originating processes shall be amended accordingly
and the plaintiff shall unless otherwise ordered by a judge file an amended originating process and
cause the new defendant to be served in the same manner as the original defendant.
Third party notice
17.
(a)
(b)
(c)
(1) Where in any action a defendant claims as against any person not already a party to the
action (in this section called "the third party") thathe is entitled to contribution or indemnity; or
he is entitled to any relief or remedy relating to, or connected with the original subject
matter of the action and substantially the same as one relief or remedy claimed by the plaintiff; or
any question or issue relating to or connected with the said subject matter is substantially the
same as some question or issue arising between the plaintiff and the defendant and should
properly be determined not only as between the plaintiff and the defendant but also as between the
plaintiff and the defendant and the third party or between any or either of them,
The Court or a Judge in Chambers may give leave to the defendant to issue and serve a third
party notice.