96Absence etc. of parties, Court may proceed in

##### 96. Absence etc. of parties, Court may proceed in (1) Where in any proceedings the Court is satisfied that diligent search has been made for any person, who, in the character of trustee, is made a defendant in any action, to serve him with a process of the Court, and that he cannot be found, the Court may hear and determine the proceedings and give judgment therein against that person, in his character of a trustee, as if he had been duly served or had entered an appearance in the action, and had also appeared by his counsel or solicitor at the hearing, but (except as provided in subsection (2)) without prejudice to any interest he may have in the matters in question in the proceedings in any other character. (2) Where any party to any proceedings relating to a trust, or where any person or class of persons that the Court thinks should be made a party or parties to those proceedings or otherwise be given an opportunity to attend and be heard in those proceedings, at the time of the proceedings — (a) is not within the jurisdiction; or (b) is under disability; or (c) cannot be found; or (d) is unborn; or (e) is not capable of being identified or ascertained, the Court may appoint some person to represent that party, person or class, or may proceed in his or their absence, and all orders made in the proceedings are as binding on that party, person or class as if personally present and of full capacity.