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Rules of the Superior Courts

Order: 18

Joinder of causes of action

1. Subject to the rules of this Order, the plaintiff may unite in the same action several causes of action; but if it appear to the Court that any such causes of action cannot be conveniently tried or disposed of together the Court may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.

2. No cause of action shall unless by leave of the Court be joined with an action for the recovery of land, except claims in respect of mesne profits or arrears of rent or double rent in respect of the premises claimed, or any part thereof, and damages for breach of any contract under which the same or any part thereof are held, or for any wrong or injury to the premises claimed. Provided that nothing in this Order contained shall prevent any plaintiff in an action for redemption from asking for or obtaining an order against the defendant for delivery of the possession of the mortgaged property to the plaintiff on or after the order absolute for redemption, and such an action for redemption and for such delivery of possession shall not be deemed an action for the recovery of land within the meaning of these Rules.

3. Claims by an assignee or trustee in bankruptcy as such shall not, unless by leave of the Court, be joined with any claim by him in any other capacity.

4. Claims by or against husband and wife may be joined with claims by or against either of them separately.

5. Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.

6. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant.

7. Rules 4, 5 and 6 shall be subject to rules 1, 8 and 9.

8. Any defendant alleging that the plaintiff has united in the same action several causes of action which cannot be conveniently disposed of together, may at any time apply to the Court for an order confining the action to such of the causes of action as may be conveniently disposed of together.

9. If, on the hearing of such application as in rule 8 mentioned, it shall appear to the Court that the causes of action are such as cannot all be conveniently disposed of together, the Court may order any of such causes of action to be excluded, and, consequential amendments to be made, and may make such order as to costs as may be just.