Supreme Court Rules 1987

(1) Where a party to a proceeding dies but the cause of action survives, or where a party becomes bankrupt, the proceeding shall not abate by reason of the death or bankruptcy but may be carried on in accordance with subrule (2).

(2) Where at any stage of a proceeding the interest or liability of a party is assigned or transmitted to or devolves on another person, the Court may order that the other person be added as a party to the proceeding or made a party in substitution for the original party and that the proceeding be carried on as so constituted.

(3) Unless the Court otherwise directs, the person on whose application an order is made under subrule (2) shall serve the order on every party to the proceeding and on every person who ceases to be a party or becomes a party as plaintiff by virtue of the order and, in the case of a person who becomes a defendant, shall serve that person personally with the order and with the writ or other originating process sealed in accordance with rule 5.11.

(4) A person on whom originating process is served in accordance with subrule (3) shall file an appearance in the proceeding within such time as the Court directs.

(5) Where an order is made without notice to a person on whom it is served, an application by the person to set aside or vary the order shall be made within 14 days after service.