Amending or setting aside order for new party made on death etc of party
232 Amending or setting aside order for new party made on death etc of party
If a person is made a party under rule 231 (4), the person may apply to have the order making the person a party amended or set aside.
Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
The application must be made not later than 14 days after—
if the person is a person with a legal disability who does not have a litigation guardian—the day a litigation guardian is appointed; or
in any other case—the day a sealed copy of the order is served on the person.
Person with a mental disability is defined in the dictionary.
Div 2.4.9 deals with the appointment of a litigation guardian.
On application under this rule, the court may amend or set aside the order.
If the person made a party under rule 231 (4) is a person with a legal disability who does not have a litigation guardian, the order under the subrule does not apply to the person during the period an application can be made to the court under this rule.
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