58Court may dispense with notice under certain circumstances

#### 58 Court may dispense with notice under certain circumstances 58 Court may dispense with notice under certain circumstances > > (1) Where, on an application under this part, the concurrence or consent of any such person as aforesaid has not been obtained, and in case such person cannot be found, or in case it is uncertain whether he be living or dead, or in case it appears to the Court that such notice as aforesaid cannot be given to such person without expense disproportionate to the value of the subject matter of the application, then and in any such case the Court may, either on the ground of the rights or interests of such person being small or remote, or being similar to the rights or interests of any other person, or on any other ground, by order dispense with notice to such person, and such person shall thereupon be deemed to have submitted his rights and interests to be dealt with by the Court. > > > (2) The Court may determine who are the persons having right to assent or dissent, or submit as herein provided, and the determination of the Court shall be conclusive for the purposes of such application, and any other person having any interest, who does not make claim to the Court before the order on such application has been made, shall be deemed to have submitted his rights and interests to be dealt with by the Court. > > **s 58:** Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch).