Common Law Procedure Amendment Act (Ireland) 1853

Amendment before Trial of Nonjoinder or Misjoinder of Plaintiff.

LXXXV. It shall be lawful for the Court or a Judge, at any Time before the Trial, to order that any Person or Persons not joined as Plaintiff or Plaintiffs in the Action shall be so joined, or that any Person originally joined as Plaintiff shall be struck out of the Pleadings in the Action, if it shall appear to such Court or Judge that Injustice will not be done by such Amendment, and that the Person to be added consents, either in Person or by Writing under his or her Hand, to be so joined, or that the Person to be struck out was originally introduced without his or her Consent, or that he or she consents in the Manner aforesaid to be so struck out; and such Amendment shall be made upon such Terms as to the Amendment of the Pleadings, Postponement of the Trial, and otherwise, as to the Court or Judge shall seem proper; and when any such Amendment shall have been thereby made, the Liability of any Person who shall have been made Co-Plaintiff shall, subject to any Order to the contrary, be the same as if such Person had been originally joined in such Action.