Article 4

Order 15 shall be amended by inserting, after rule 13, the following new rule:

“Notice of action to non-parties

13A

(1)

At any stage in an action to which this rule applies, the Court may, on the application of any party or of its own motion, direct that notice of the action be served on any person who is not a party thereto but who will or may be affected by any judgment given therein.

(2)

An application under this rule may be made ex parte and shall be supported by an affidavit stating the grounds of the application.

(3)

Every notice of an action under this rule shall be in Form No. 52 in Appendix A and accompanied by a copy of the originating summons or writ and a form of acknowledgment of service in Form No. 14 or 15 in Appendix A with such modifications as may be appropriate.

(4)

A person may, within 14 days of service on him of a notice under this rule, acknowledge service of the writ or originating summons and shall thereupon become a party to the action, but in default of such acknowledgment and subject to paragraph (5) he shall be bound by any judgment given in the action as if he was a party thereto.

(5)

If at any time after service of such notice on any person the writ or originating summons is amended so as substantially to alter the relief claimed, the Court may direct that the judgment shall not bind such person unless a further notice together with a copy of the amended writ or originating summons is served upon him under this rule.

(6)

This rule applies to any action relating to:

(a)

the estate of a deceased person, or

(b)

property subject to a trust.”.