15.CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES

Order 15.
Causes of Action, Counterclaims and Parties
1.Joinder of causes of action. (O. 15 r. 1)

(1) Subject to rule 5(1), a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action–
(a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity is respect of all the causes of action; or
(b) if the plaintiff claims or the defendant is alleged to be liable in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others; or
(c) with the leave of the Court.
(2) An application for leave under this rule must be made ex parte by summons supported by affidavit before the issue of the writ or originating summons, as the case may be, and the affidavit must state the grounds of the application.
2.Counterclaim against plaintiff. (O. 15 r. 2)
(1) Subject to rule 5(2), a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against a plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counterclaim in respect of that matter; and where he does so he must add the counterclaim to his defence.
(2) Rule 1 shall apply in relation to a counterclaim as if the counterclaim were a separate action and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.
(3) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in the action or that the action is stayed, discontinued or dismissed.
(4) Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a balance in favour of one of the parties, the Court may give judgment for the balance, so, however, that this provision shall not be taken as affecting the Court’s discretion with respect to costs.
3.Counterclaim against additional parties. (O. 15 r. 3)
(1) Where a defendant to an action who makes a counterclaim against the plaintiff alleges that any other person (whether or not a party to the action) is liable to him along with the plaintiff in respect of the subject-matter of the counterclaim, or claim against such other person any relief relating to or connected with the original subject-matter of the action, then, subject to rule 5(2), he may join that other person as a party against whom the counterclaim is made.
(2) Where a defendant joins a person as a party against whom he makes a counterclaim, he must add that person’s name to the title of the action and serve on him a copy of the counterclaim; and a person on whom a copy of a counterclaim is served under this paragraph shall, if he is not already a party to the action, become a party to it as from the time of service with the same rights in respect of his defence to the counterclaim and otherwise as if he had been duly sued in the ordinary way by the party making the counterclaim.
(3) A defendant who is required by paragraph (2) to serve a copy of the counterclaim made by him on any person who before service is already a party to the action must do so within the period within which, by virtue of Order 18, rule 2, he must serve on the plaintiff the defence to which the counterclaim is added.
(4) Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on a person who is not already a party to the action, the following provisions of these rules, namely, Order 10 (except rule 1(4)), Orders 11 to 13 and Order 70, rule 3, shall, subject to the last foregoing paragraph, apply in relation to the counterclaim and the proceedings arising from it as if–
(a) the counterclaim were a writ and the proceedings arising from it an action; and
(b) the party making the counterclaim were a plaintiff and the party against whom it is
made a defendant in that action.
(5) A copy of a counterclaim required to be served on a person who is not already a party to the action must be indorsed with a notice, in Form 19, addressed to that person–
(a) stating the effect of Order 12, rule 1, as applied by paragraph (4); and
(b) stating that he may enter an appearance in Form 20 and explaining how he may do so.
4.Joinder of parties. (O. 15 r. 4)
(1) Subject to rule 5(1), two or more persons may be joined together in one action as plaintiffs or as defendants with the leave of the Court or where–
(a) if separate actions were brought by or against each of them, as the case may be, some common question of law or fact would arise in all the actions; and
(b) all rights to relief claimed in the action (whether they are joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions.
(2) Where the plaintiff in any action claims any relief to which any other person is entitled jointly with him, all persons so entitled must, subject to the provisions of any written law and unless the Court give leave to the contrary, be parties to the action and any of them who does not consent to being joined as a plaintiff must, subject to any order made by the Court on an application for leave under this paragraph, be made a defendant. This paragraph shall not apply to a probate action.
(3) Where relief is claimed in an action against a defendant who is jointly liable with some other person and also severally liable, that other person need not be made a defendant to the action; but where persons are jointly, but not severally, liable under a contract and relief is claimed against some but not all of those persons in an action in respect of that contract, the Court may, on the application of any defendant to the action, by order stay proceeding in the action until the other persons so liable are added as defendants.
5.Court may order separate trials, etc. (O. 15 r. 5)
(1) If claims in respect of two or more causes of action are included by a plaintiff in the same action or by a defendant in a counterclaim, or if two or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of causes of action or of parties, as the cause may be, may embarass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.
(2) If it appears on the application of any party against whom a counterclaim is made that the subject-matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient.
6.Misjoinder and non-joinder of parties. (O. 15 r. 6)
(1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party; and the Court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter.
(2) At any stage of the proceedings in any cause or matter the Court may on such terms as it thinks just and either of its own motion or on application–
(a) order any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party;
(b) order any of the following persons to be added as a party, namely–
(i) any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, or
(ii) any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter. but no person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.
(3) An application by any person for an order under paragraph (2) adding him as a party must, except with the leave of the Court, be supported by an affidavit showing his interest in the matters in dispute in the cause or matter or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter.
6A.Proceedings against estates. (O. 15 r. 6A)
(1) Where any person against whom an action would have lain has died but the cause of action survives, the action may, if no grant of probate or administration has been made, be brought against the estate of the deceased.
(2) Without prejudice to the generality of paragraph (1), an action brought against "the personal representatives of A, B, deceased" shall be treated, for the purposes of that paragraph, as having been brought against his estate.
(3) An action purporting to have been commenced against a person shall be treated, if he was dead at its commencement, as having been commenced against his estate in accordance with paragraph (1), whether or not a grant of probate or administration was made before its commencement.
(4)In any such action as is referred to in paragraph (1) or (3)–
(a) the plaintiff shall, during the period of validity for service of the writ or originating summons, apply to the Court for an order appointing a person to represent the deceased’s estate for the purpose of the proceedings or, if a grant of probate or administration has been made for an order that the personal representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person appointed or, as the case may be, against the personal representative, as if he had been substituted for the estate;
(b) the Court may, at any stage of the proceedings and on such terms as it thinks just and either of its own motion or on application, make any such order as is mentioned in subparagraph (a) and allow such amendments (if any) to be made and make such other order as the Court thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon.
(5) Before making an order under paragraph (4) the Court may require notice to be given to any insurer of the deceased who has an interest in the proceedings and to such (if any) of the persons having an interest in the estate as it thinks fit.
(5A) Where an order is made under paragraph (4) appointing the Official Administrator to represent the deceased’s estate, the appointment shall be limited to his accepting service of the writ or originating summons by which the action was begun unless, either on making such an order or on a subsequent application, the Court, with the consent of the Official Administrator, directs that the appointment shall extend to taking further steps in the proceedings.
(6) Where an order is made under paragraph (4), rules 7(4) and 8(3) and (4) shall apply as if the order had been made under rule 7 on the application of the plaintiff.
(7) Where no grant of probate or administration has been made, any judgment or order given or made in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceedings.
7.Change of parties by reason of death, etc. (O. 15 r. 7)
(1) Where a party to an action dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of the death or bankruptcy.
(2) Where at any stage of the proceedings in any cause or matter the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may, if it thinks it necessary in order to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, order that other person to be made a party to the cause or matter and the proceedings to be carried on as if he had been substituted for the first mentioned party.
An application for an order under this paragraph may be made ex parte.
(3) An order may be made under this rule for a person to be made a party to a cause or matter notwithstanding that he is already a party to it on the other side of their record, or on the same side but in a different capacity; but–
(a) if he is already a party on the other side, the order shall be treated as containing a direction that he shall cease to be a party on that other side; and
(b) if he is already a party on the same side but in another capacity, the order may contain a direction that he shall cease to be a party in that other capacity.
(4) The person on whose application an order is made under this rule must procure the order to be noted in the cause book, and after the order has been so noted that person must, unless the Court otherwise directs, serve the order on every other person who is a party to the cause or matter or who becomes or ceases to be a party by virtue of the order and serve with the order on any person who becomes a defendant a copy of the writ or originating summons by which the cause or matter was begun.
(5) Any application to the Court by a person served with an order made ex parte under this rule for the discharge or variation of the order must be made within 14 days after the service of the order on that person.
8.Provisions consequential on making of order under rule 6 or 7 (O. 15 r. 8)
(1) Where an order is made under rule 6 the writ by which the action in question was begun must be amended accordingly and must be indorsed with–
(a) a reference to the order in pursuance of which the amendment is made; and
(b) the date on which the amendment is made;
and the amendment must be made within such period as may be specified in the order or, if no period is so specified, within 14 days after the making of the order.
(2) Where by an order under rule 6 a person is to be made a defendant, the rules as to service of a writ of summons shall apply accordingly to service of the amended writ on him, before serving the writ on him the person on whose application the order was made must procure the order to be noted in the cause book.
(3) Where by an order under rule 6 or 7 a person is to be made a defendant, the rules as to entry of appearance shall apply accordingly to entry of appearance by him, subject, in the case of a person to be made a defendant by an order rule 7, to the modification that the time limited for appearing shall begin with the date on which the order is served on him under rule 7(4) or, if the order is not required to be served on him, with the date on which the order is noted in the cause book. The entry of appearance must be in Form 21.
(4) Where by an order under rule 6 or 7 a person is to be added as a party or is to be made a party in substitution for some other party, that person shall not become a party until–
(a) where the order is made under rule 6, the writ has been amended in relation to him
under this rule and (if he is a defendant) has been served on him; or
(b) where the order is made under rule 7, the order has been served on him under rule 7(4) or, if the order is not required to be served on him, the order has been noted in the cause book; and where by virtue of the foregoing provision a person becomes a party in substitution for some other party, all things done in the course of the proceedings before the making of the order shall have effect in relation to the new party as they had in relation to the old, except that entry of appearance by the old party shall not dispense with entry of appearance by the new in Form 21.
(5) The foregoing provisions of this rule shall apply in relation to an action begun by originating summons as they apply in relation to an action begun by writ.
9.Failure to proceed after death of party. (O. 15 r. 9)
(1) If after the death of a plaintiff or defendant in any action the cause or action survives, but no order under rule 7 is made substituting as plaintiff any person in whom the cause of action vests or, as the case may be, the personal representatives of the deceased defendant, the defendant or, as the case may be, those representatives may apply to the Court for an order that unless the action is proceeded with within such time as may be specified in the order the action shall be struck out as against the plaintiff or defendant, as the case may be, who has died; but where it is the plaintiff who has died, the Court shall not make an order under this rule unless satisfied that due notice of the application has been given to the personal representatives (if any) of the deceased plaintiff and to any other interested person who, in the opinion of the Court, shall be notified.
(2) where in any action a counterclaim is made by a defendant, this rule shall apply in relation to the counterclaim as if the counterclaim were a separate action and as if the defendant making the counterclaim were the plaintiff and the person against whom it is made a defendant.
10.Actions for possession of immovable property. (O. 15 r. 10)
(1) Without prejudice to rule 6, the Court may at any stage of the proceedings in an action for possession of immovable property order any person not a party to the action who is in possession the immovable property (whether in actual possession or by a tenant) to be added as defendant.
(2) An application by any person for an order under this rule may be made by summons ex parte, supported by an affidavit showing that he is in possession of the immovable property in question and if by a tenant, naming him.
(3) A person added as a defendant by an order under this rule must serve a copy of the order on the plaintiff and must enter an appearance in the action within such period, if any, as may be specified in the order or, if no period is so specified, within 7 days after the making of the order, and the rules as to entry of appearance shall apply accordingly to entry of appearance by him.
11.Relator actions. (O. 15 r. 11)
Before the name of any person is used in any action as a relator, that person must give a written authorisation so to use his name to his solicitor and the authorization must be filed in the Registry.
12.Representative proceedings. (O. 15 r. 12)
(1) Where numerous persons have the same interest in any proceedings, not being such proceedings as are mentioned in rule 13, the proceedings may be begun, and, unless the Court otherwise orders, continued, by or against any one or more of them as representing all or as representing all except one or more of them.
(2) At any stage of proceedings under this rule the Court may, on the application of the plaintiff, and on such terms, if any, as it thinks fit, appoint any one or more of the defendants or other persons as representing whom the defendants are sued to represent all or all except one or more, of those person in the proceedings; and where, in exercise of the power conferred by this paragraph, the Court appoints a person not named as a defendant, it shall make an order under rule 6 adding that person as a defendant.
(3) A judgment or order given in proceedings under this rule shall be binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings except with the leave of the Court.
(4) An application for the grant of leave under paragraph (3) must be made by summons which must be served personally on the person against whom it is sought to enforce the judgment or order.
(5) Notwithstanding that a judgment or order to which any such application relates is binding on the person against whom the application is made, that person may dispute liability to have the or order enforced against him on the ground that by reason of facts and matters particular to his case he is entitled to be exempted from such liability.
(6) The Court hearing an application for the grant of leave under paragraph (3) may order the question whether the judgment or order is enforceable against the person against whom the application is made to be tried and determined in any manner in which any issue or question in an action may be tried and determined.

13.Representation of interested persons who cannot be ascertained, etc. (O. 15 r. 13)
(1) In any proceedings concerning–
(a) the administration of the estate of a deceased person; or
(b) property subject to a trust; or
(c) the construction of a written instrument, including a statute, the Court, if satisfied that it is expedient so to do, and that one or more of the conditions specified in paragraph (2) are satisfied, may appoint one or more persons to represent any person (including an unborn person) or class who is or may be interested (whether presently or for any future, contingent or unascertained interest) in or affected by the proceedings.
(2) The conditions for the exercise of the power conferred by paragraph (1) are as follows:
(a) that the person, the class or some member of the class, cannot be ascertained or cannot readily be ascertained;
(b) that the person, class or some member of the class, though ascertained, cannot be found;
(c) that, though the person or the class and the members thereof can be ascertained and found, it appears to the Court expedient (regard being had to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined) to exercise the power for the purpose of saving expense.
(3) Where in any proceeding to which paragraph (1) applies, the Court exercises the power conferred by the paragraph, a judgment or order of the Court given or made when the person or persons appointed is exercise of that power are before the Court shall be binding on the person or class represented by the person or persons so appointed.
(4) Where, in any such proceedings, a compromise is proposed and some of the persons who are interested in, or who may be affected by, the compromise are not parties to the proceedings (including unborn or unascertained persons) but–
(a) there is some other person in the same interest before the Court who assents to the compromise or on whose behalf the Court sanctions the compromise; or
(b) the absent persons are represented by a person appointed under paragraph (1) who so assent, the Count, if satisfied that the compromise will be for the benefit of the absent persons and that it is expedient to exercise this power, may approve the compromise and order that it shall be binding on the absent persons, and they shall be bound accordingly except where the order has been obtained by fraud or non-disclosure of material facts.
14. Representation of beneficiaries by trustees, etc. (O. 15 r. 14)
(1) Any proceedings, including proceedings to enforce a security by foreclosure or otherwise, may be brought by or against trustees, executors or administrators in their capacity as such without joining any of the persons having a beneficial interest in the trust or estate, as the case may be; and any judgment or order given or made in those proceedings shall be binding on those persons unless the Court in the same or other proceedings otherwise orders on the ground that the trustees, executors or administrators, as the case may be, could not or did not in fact represent the interest of those persons in the first-mentioned proceedings.
(2) Paragraph (1) is without prejudice to the power of the Court to order any person having such an interest as aforesaid to be made a party to the proceedings or to make an order under rule 13. 15.Representation of deceased person interested in proceedings. (O. 15 r. 15)
(1) Where in any proceedings it appears to the Court that a deceased person was interested in the matter in question in the proceedings and that he has no personal representative, the Court may, on the application of any party to the proceedings, proceed in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent that estate for the purposes of the proceedings; and any such order, and any judgment or order subsequently given or made in the proceedings, shall bind the estate of the deceased person to the same extent as it would have been bound had a personal representative of that person been a party to the proceedings.
(2) Before making an order under this rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit. 16.Declaratory judgment. (O. 15 r. 16)
No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not consequential relief is or could be claimed.
17.Conduct of proceedings. (O. 15 r. 17)
The Court may give the conduct of any action, inquiry or other proceeding to such person as it thinks fit.

18.Petition to sue defend or proceed as a pauper. (O. 15 r. 18)
(1) Any poor person, before commencing or defending any action or instituting any other proceeding in the Court in his own right, or becoming poor during the progress thereof, may apply to the Court or a Judge by petition for leave to sue, defend or proceed as a pauper.
(2) The petition shall set forth fully all the material facts of the case and shall state that the applicant is not possessed of property (excluding wearing apparel, and the subject matter of the proceedings) exceeding five hundred ringgit in value, and shall be verified by the oath of the petitioner.
(3) The Registrar shall make such enquiry as he may think proper as to the means of the petitioner and may require him to attend to answer questions on oath or affirmation.
(4) A copy of the petition shall be served on the other party to the action or proceeding, or on the intended opposite party to the projected action or proceeding, as the case may be, and he shall be entitled to be heard thereon.
(5) If satisfied that the petitioner’s means are as alleged in the petition the Court or a Judge may refer the petition to a Solicitor who shall make a report in writing, addressed to the Registrar, stating whether in his opinion the petitioner has a good cause of action or a good defence, as the case may be.
(6) On receipt of such report, the Court or a Judge may admit the petitioner (hereinafter called the "Pauper") to sue or defend, as the case may be, as a pauper and shall thereupon appoint an advocate and solicitor (hereinafter called the "pauper’s solicitor") to represent such pauper.
(7) A pauper’s solicitor shall not refuse to act unless he satisfies the Court or a Judge that he has good reason for refusal.
19.No Court fees to be charged. (O. 15 r. 19)
(1) No Court fees shall be charged in respect of any application under rule 18, nor, except as is hereinafter provided, shall any pauper be liable for any Court fees.
(2) When costs have been awarded to be paid to a pauper, the fees of the Court, which would have been payable by him if not a pauper shall be a first charge upon any sums recovered by him in the action.
(3) When any sum has been recovered by him and not applied in payment of such fees of Court as aforesaid, the Registrar may refuse to allow any further proceedings on behalf of such pauper to be taken in such action until the sum recovered has been applied in payment of such fees.
20. Pauper’s solicitor not to take fees. (O. 15 r. 20)
(1) Subject to the provisions of rules 23 and 24 of this Order pauper’s solicitor shall not take or agree to take or seek to obtain from the pauper any fee, profit, or reward for the conduct of the proceedings in the cause or matter.
(2) If it appears to the Court or a Judge that any pauper has given or agreed to give any such fee, profit or reward, he shall be forthwith dispaupered and shall not afterwards be admitted to sue or defend as a pauper in the same cause or matter.
21.Leave of Court or Judge to discontinue, settle or compromise. (O. 15 r. 21)
(1) No pauper and no pauper’s solicitor in any proceedings shall discontinue, settle or compromise such proceedings without the leave of the Court or a Judge.
(2) No pauper shall discharge his solicitor without the leave of the Court or a Judge.
(3) No pauper’s solicitor shall be at liberty to discontinue his services unless he satisfies the Court or a Judge that he has reasonable grounds for a discontinuing.
22.Notice of motion, etc., to be signed by solicitor. (O. 15 r. 22)
Every notice of motion, summons or petition on behalf of a pauper (except an application for the discharge of his solicitor) shall be signed by his solicitor.
23.Costs. (O. 15 r. 23)
(1) Unless the Court or a Judge shall otherwise order, no pauper shall be liable to pay costs to any other party, or be entitled to receive from any other party any profit costs or charges; and where costs are ordered to be paid to a pauper they shall be taxed, and on such taxation the Registrar may allow any out-of-pocket expenses (but not office expenses) properly incurred in the course of the proceedings.
(2) When it appears to the Court or a Judge that the special circumstances of the case require it, the Court or Judge may order that such costs shall include profit costs and charges, but not fees to counsel.
24.Solicitor’s fees out of any money received by pauper. (O. 15 r. 24)
The Court or a Judge may order payment to the pauper’s solicitor, out of any money received by the pauper in the cause, or may charge in favour of the pauper’s solicitor any property so recovered by a pauper, of or with such sum in respect of costs (not including fees of coursel) as would have been allowed to the pauper’s solicitor on taxation between himself and his client if he had been retained by his client in the ordinary manner (less such amount as may be recovered from any other party) or such other sum in respect of costs as to the Court or a Judge may seem fit, provided that the total amount so to be paid out for profit costs, or so charged upon the said property for profit costs, shall not in either case exceed one-fourth of the amount or value recovered and remaining after the deduction of all proper disbursements made by the pauper’s solicitor.
25.Appeal as a pauper. (O. 15 r. 25)
The preceding rules relating to paupers shall apply to persons who, not having sued or defended as paupers in a Court of first instance, desire to appeal as paupers to the Supreme Court, and to paupers who are respondents to any appeal; but no person who has been admitted to sue or defend as a pauper in any proceedings shall be admitted to appeal as a pauper to the Supreme Court without the leave of a Judge or of the Supreme Court, and in case of his being so admitted, he shall not be required to give security for the costs of the appeal.
26.Deprivation of privilege as a pauper. (O. 15 r. 26).
(1) Any person admitted under these rules to sue or defend as a pauper in any Court may for any sufficient reason be deprived by the Court before whom the proceedings are pending of all the privileges of such admission.
(2) Any such order may be made of the Court’s own motion or on application by another party to the proceedings.