Common Law Procedure Amendment Act (Ireland) 1853

Upon Notice of Nonjoinder of Defendants Proceedings may be amended.

LXXXIX. In any Action on Contract where the Nonjoinder of any Person or Persons as a Co-Defendant or Co-Defendants has been objected to by Notice or Plea in Abatement, the Plaintiff shall be at liberty to enter a Side-bar Order to amend the Writ of Summons and Plaint by adding the Name or Names of the Person or Persons named in such Notice as Joint Contractors, and to serve the amended Writ upon the Person or Persons so named in such Notice, and to proceed against the original Defendant or Defendants, and the Person or Persons so named in such Notice, provided that the Date of such Amendment shall, as between the Person or Persons so named in such Notice and the Plaintiff, be considered for all Purposes as the Commencement of the Action.