184Adding or deleting parties

### 184 Adding or deleting parties > > (1)  At any stage of a proceeding and whether or not any relevant limitation period has expired, the Court or a judge, either on or without application, may order – > > > > > > (a) that the name of a party improperly or erroneously joined be struck out; or > > > > > > > (b) that the name of a person who ought to have been joined as a party or whose presence may be necessary for the Court or judge to adjudicate on and settle all the questions involved in the proceeding be added; or > > > > > > > (c) if through a genuine mistake a proceeding has commenced in the name of the wrong person as plaintiff or applicant or it is doubtful if it has commenced in the name of the right plaintiff or applicant, that any other person be added or substituted as plaintiff or applicant. > > > (2)  If, in any proceeding concerning the estate of the deceased person or in which a deceased person was interested, it appears that the deceased person does not have a legal personal representative, the Court or a judge may – > > > > > > (a) proceed in the absence of any person representing the estate of the deceased person; or > > > > > > > (b) make an order appointing a person to represent the estate for all the purposes of the proceeding. > > > (3)  Any judgment or order binds the estate of the deceased person as if a legal personal representative of the deceased had been a party to the proceeding. > > > (4)  A person must not be added as a plaintiff or applicant without his or her consent in writing. > > > (5)  A person must not be added as the litigation guardian of a person under disability without the consent in writing of the first-mentioned person. > > > (6)  Unless otherwise ordered, a proceeding against a party whose name is added as defendant or respondent is taken to have begun on the service of the originating process on that party. > > > (7)  An application under [subrule (1)](#GS184@Gs1@EN)  – > > > > > > (a) may be made to the Court or a judge at any time before trial or at the trial of the action; and > > > > > > > (b) is to be made in a summary manner. > > > (8)  If an order is made under [subrule (1)](#GS184@Gs1@EN) or [(2)(b)](#GS184@Gs2@Hpb@EN)  – > > > > > > (a) the originating process is to be amended accordingly; and > > > > > > > (b) the plaintiff or applicant is to file a copy of the originating process as amended; and > > > > > > > (c) any new defendant or respondent is to be served with the amended originating process in the same manner as originating process is served; and > > > > > > > (d) the proceeding continues as if the new defendant or respondent had originally been made a defendant or respondent.