Power of court to make orders in absence of member
275 Power of court to make orders in absence of member
If, in a proceeding under this Act, the court is satisfied that—
a diligent search has been made for a member of a land trust who is named as a party in an action; and
the member can not be found to serve the member with a process of the court;
the court may hear and decide the proceeding and give judgment against the member as if the member had been served or had entered an appearance in the action, and had also appeared by counsel or solicitor at the hearing.
Subsection (1) applies without prejudice to any interest the member may have in the matter in question in the proceeding in any other capacity.
If a member, at the time of the proceeding—
is not within the jurisdiction; or
is under a disability; or
can not be found;
the court may appoint a person to represent the member and may proceed in the absence of the member, and all orders made in the proceeding are binding on the member as if the member had been present and of full capacity.
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