O. XIV. rr. 8-10. Directions by 8. Where leave, whether conditional or unconditional, is given to defend, the Judge shall have power to give all such 73 directions as to the further conduct of the action as might be Judge. given on a summons for directions, and may order the action to be forthwith set down for trial. O. 14, r. 8 (a), (E). 9. (a) The costs of and incident to all applications under Costs. (b) If the plaintiff makes an application under this Order 74 75 forfeiture. 10. A tenant shall have the same right to relief after a Relief from judgment under this Order for recovery of land on the ground of forfeiture for non-payment of rent as if the judgment had been given after trial. O. 14, r. 10, (E). ORDER XV. 0. XV, r. 1. APPLICATION FOR AN ACCOUNT. 76 account. 1. Where a writ of summons has been indorsed for an order for account, under Order II., Rule 7, or where the indorsement (Cf. R. 645, (0)]. on a writ of summons involves taking an account, if the defendant either fails to appear, or does not after appearance, by affidavit or otherwise, satisfy the Court or a Judge that there is some preliminary question to be tried, an order for the proper accounts, with all necessary inquiries and directions, shall be forthwith made. O. 15, r. 1, (E). 0. XV, r. 2. 77 2. An application for such order as mentioned in the last preceding rule shall be made by summons, and be supApplication ported by an affidavit, when necessary, filed on behalf of the plaintiff, stating concisely the grounds of his claim to an account. The application may be made at any time after the time for entering an appearance has expired. O. 15, r. 2, (E), account. 0. XVI, rr. 1-3. ORDER XVI. PARTIES. 1.-Generally. 78 Persons claim- 1131, (O) ]. 1. All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of, or arising out of the same transaction, or series of transactions, is alleged to exist. (Cf. RR. 185, whether jointly, severally, or in the alternative, where if such persons brought separate actions any common question of law or fact would arise; provided that, if upon the application of any defendant it shall appear that such joinder may embarrass or delay the trial of the action, the Court or a Judge may order separate trials, or make such other order as may be expedient, and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who shall not be found entitled to relief unless the Court or a Judge in disposing of the costs shall otherwise direct. O. 16, r. 1, (E). 79 Action in name of wrong plaintiff. [Cf. R. 313, (O)]. 80 Misjoinder of plaintiff's terclaim. 2. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court or a Judge may, if satisfied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as may be just. O. 16, r. 2, (E). 3. Where in an action any person has been improperly or where Coun- unnecessarily joined as a co-plaintiff, and a defendant has set up a counterclaim or set-off, he may obtain the benefit thereof by establishing his set-off or counterclaim as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon. O. 16, r. 3, (E). O. XVI, rr. 4-8. 81 joined as [Cf. R. 186, (O)]. 4. All persons may be joined as defendants against whom who may be the right to any relief is alleged to exist, whether jointly, defendants. severally, or in the alternative. And 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. O. 16, r. 4, (E). 82 need not be all the relief claimed. [R. 187, (O) ]. 5. It shall not be necessary that every defendant shall be Defendant interested as to all the relief prayed for, or as to every cause of interested in action included in any proceeding against him; but the Court or a Judge may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest. O. 16, r. 5, (E). 83 parties liable 6. The plaintiff may, at his option, join as parties to the All or any same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes. O. 16, r. 6, (E). 7. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may, in such manner as hereinafter mentioned, or as may be prescribed by any special order, join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties. O. 16, r. 7, (E). on contract [R. 188, (O) ]. may be joined 81 Plaintiff in person from doubt as to whom redress to be sought [Cf. R. 192,(0)]. 85 may be sued ing estate. 8. Trustees, executors, and administrators may sue and be Trustees, etc., sued on behalf of or as representing the property or estate of as representwhich they are trustees or representatives, without joining (Cf. R. 193, (O)]. any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Court or a Judge may, at any stage of the proceedings, order any of such persons to be made parties, either in addition to or in lieu of the previously existing parties. This rule shall apply to trustees, executors, and administrators, sued in proceedings to enforce a security by foreclosure or otherwise. O. 16, r. 8, (E). 0. XVI, rr. 9-11. Where parties 9. Where there are numerous persons having the same $6 interest in one cause or matter, one or more of such persons are numerous. may sue or be sued, or may be authorized by the Court or a Judge to defend in such cause or matter, on behalf or for the benefit of all persons so interested. O. 16, r. 9, (E). [Cf. R. 200, (O)]. 87 Approval of compromise in absence of some of persons interested. $8 Misjoinder and nonjoinder. [Cf. R. 206, (O)]. Adding and striking out parties. Consent of plaintiff or next friend. 10. Where in proceedings concerning a trust a compromise is proposed, and some of the persons interested in the compromise are not parties to the proceedings, but there are other persons in the same interest before the Court and assenting to the compromise, the Court or a Judge, if satisfied that the compromise will be for the benefit of the absent persons, and that to require service on such persons would cause unreasonable expense or delay, may approve the compromise and order that the same shall be binding on the absent persons, and they shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts. O. 16, r. 9a., (E). 11. No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. The Court or 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 Court or a Judge to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out, and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto. Every party whose name is so added as defendant shall be served with a writ of summons or notice in manner hereinafter mentioned, or in such manner as may be prescribed by any special order, and the proceedings as against such party shall be deemed to have begun only on the service of such writ or notice. O. 16, r. 11, (E). 0. XVI, rr. 12-17. 89 Application to 12. Any application to add or strike out or substitute a plaintiff or defendant may be made to the Court or a Judge at any time before trial by motion or summons, or at the trial add or strike of the action in a summary manner. O. 16, r. 12, (E). out. 96 writ where ant added. 13. Where a defendant is added or substituted, the plain- Amended tiff shall, unless otherwise ordered by the Court or a Judge, new defendissue an amended writ of summons, and serve such new [Cf. R. 207, (O)]. defendant with such writ or notice in lieu of service thereof in the same manner as original defendants are served. O. 16, r. 13, (E), am. II.-Persons under Disability. 91 infants and women. (Cf. RR. 197, 199, (O)]. 14. Infants may sue as plaintiffs by their next friends Actions by according to the practice of the Supreme Court in Equity at married the time of the commencement of these Rules, and may, in like manner, defend by their guardians appointed for that purpose. Married women may sue and be sued as provided by The Married Women's Property Act, Chapter 78, C. S. 1903. O. 16, r. 16, (E), am. 92 persons of mind. 15. Where lunatics and persons of unsound mind not so Lunatics and found by inquisition might respectively before the passing of unsound the principal Act, have sued as plaintiffs or would have been [Cf. R. 217, (O)]. liable to be sued as defendants in any action or suit, they may respectively sue as plaintiffs in any action by their committee or next friend according to the practice of the Supreme Court in Equity at the time of the commencement of these Rules, and may, in like manner, defend any action by their committees or guardians appointed for that purpose. O. 16, r. 17, (E), am. 93 by infant. 16. An infant shall not enter an appearance except by his Appearance guardian ad litem. No order for the appointment of such guardian shall be necessary, but the solicitor applying to enter such appearance, shall make and file an affidavit in the Form No. 2 in Appendix A., Part II., with such variations as circumstances may require. O. 16, r. 18, (E). litem. 94 17. Every infant served with a petition or notice of motion, Guardian ad or summons in a matter, shall appear on the hearing thereof by a guardian ad litem in all cases in which the appointment of a special guardian is not provided for. No order for the |