Where, by reason of death or bankruptcy or other event causing a change or transmission of interest or liability, by reason of any persons interested coming into existence after the commencement, it becomes necessary that any party who was not already a party should be made a party or that a party should become a party in another capacity, an order that the proceeding shall be carried on between the continuing parties or such new parties, may be applied for and obtained ex parte to the Court upon proof of the relevant change, transmission etc.<\/p>\n
Where a guardian ad litem has been appointed in the action, he shall be served with the order. He may apply to the Court to discharge or vary the order within ten days.<\/p>\n
Where a party to an action dies, but the claims survives, but the party entitled to proceed fails to proceed, the defendant or other person against whom the action may be continued may apply by notice of motion to compel the claimant or the person entitled to proceed, to proceed within such time as may be ordered.\u00a0 In default of proceeding, judgment may be entered for or an order made in favour of the defendant or as the case may be, in favour of the person against whom the action, proceeding, or matter, might have continued.<\/p>\n
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Claimant Issues Where the claimant sues in a representative capacity, this must be stated.\u00a0 Where he sues as assignee, the name of the assignor and the date of the assignment must be set out. All persons may be joined in one action as claimant in whom any right to relief in respect of or arising […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[315],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2456"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2456"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2456\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2456"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2456"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2456"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}