The power under r 62(2) of the UCPR to order joinder of a necessary party is exercised on application and not unilaterally by the court, even where a litigant is self-represented. A party who is given the opportunity to seek joinder of a non-party and elects not to do so cannot later complain on appeal that the non-party should have been joined. An equitable lien may be an appropriate remedy short of a constructive trust where the factual basis for the constructive trust claim is not established.
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