At trial or after
25.
(1) Where the action is tried, the judge who tries the action may, at or after the trial, enter such
Judgment as the nature of the case may require for or against the defendant giving the notice or
against or for the third party, and may grant to the defendant or to the third party, any relief or
remedy which might properly have been granted if the third party had been made a defendant
to an action duly instituted against him by the defendant but execution shall not be issued without
leave of the Court or of a judge in Chambers until after satisfaction by the defendant of the
Judgment against him.
(2)
Where the action is decided otherwise than by trial, the Court or a judge in chambers may, on
application by motion or summons, make such order as the nature of the case may require, and
where the plaintiff has recovered Judgment, may cause such Judgment as may lie just to be entered
for or against the defendant giving notice or against or for the third party.
B - ACTIONS AGAINST FIRMS AND PERSONS
CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN
Actions by and against firms
26.
Any two or more persons claiming or alleged to be liable as partners and doing business within the
jurisdiction may sue or be sued in the name of the firm, if any, of which they were partners
when the cause of action arose and any party to an action may in such case apply to the
Judge for a statement of the names and addresses of the persons who were partners in the firm
when the cause of action arose, to be furnished in such manner, and verified on oath or otherwise
as the judge may direct.
Disclosure of partners’ names
27.
(1) When an originating process is issued by partners in the name of their firm, the plaintiffs
or their legal practitioners shall, on demand in writing by or on behalf of any defendant
declare in writing the names and residential addresses of all the persons constituting the firm
on whose behalf the action is brought.
(2) Where the plaintiffs or their legal practitioners fail to comply with such demand, all
proceedings in the action may, upon an application for that purpose, be stayed upon such terms as
a judge may direct.
(3)
Where the names of the partners are so declared, the suit shall proceed in the same manner
and the same consequences in all respects shall follow as if they had been named as plaintiffs
in the originating process provided that the proceedings may continue in the name of the firm.
Appearance of partners
28.
(1) where persons are sued as partners in the name of their firms, they shall appear
individually in their own names; but all subsequent proceedings shall continue in the name
of the firm.