It has been the law since the days of Henry VIII. that a man may sue in forma pauperis. Formerly he had to show that he was not worth more than £25, his wearing apparel, tools of trade, etc. not being taken into account. He could have a solicitor and counsel assigned to him. Now any poor person (i.e., a person who is not worth more than £50 or such larger sum not exceeding Li oo as may be allowed in special circumstances or a person whose usual income is not more than £2 or in special cases £4 a week) may sue or defend without paying court fees and may have a solicitor and counsel assigned to him free of charge. (See generally 0. 16 and 22 et seq.) Third Party Procedure.—It is obvious that where A has a claim against B, B may have a claim against C which arises, or which he desires to assert, only because A has brought an action against him. It would be unfortunate, and would involve unnecessary expense to all parties if B were bound to refrain from suing C until A had sued him. A remedy for this is provided by what is known as third party procedure (0. i6, r. 48) under which, where a defendant claims contribution or indemnity against a person not a party to the action, he may, by leave, issue a third party notice. To that notice (which corresponds to a writ) the third party must appear, otherwise judgment may go against him by default (0. i6, rr. 49, 5o). If he does appear, suitable direc tions may be given so that all the questions between all the parties may be tried in the same action (0. 16, r. 52). The third party may bring a fourth party from whom he seeks indemnity subject to the same rules as prevail in relation to third parties (0. i6, r. 54B).
An action does not abate because of the marriage, death, or bankruptcy, etc., of any party thereto, if the cause of action survives (0. 17, r. t), and where any marriage, etc., takes place, or there is any devolution of estate by operation of law, the court may order that the husband, personal representative, trus tee, or other successor to interest of any party shall be made a party and served with notice of the proceedings (0. 17, r. 2). Similarly, any person, who by reason of a marriage, death, bank ruptcy or assignment after action brought acquires an interest in the dispute may apply to be made a party (0. r. 4).
Several causes of action may be joined in the same action; but the court may order that there shall be separate trials if the various causes of action which appear upon the record cannot be conveniently tried together (0. i8, r. 1). This rule is subject to one notable exception, namely, that no other cause of action can be joined with an action for the recovery of land, except by leave of the court (0. 18, r. ).
A pleading is the term applied in English law to the preparation of the statement of the facts on which either party to a civil action founds his claim to a decision in his favour on the questions involved in the proceeding; and also to the document in which these statements are embodied. The term "pleadings" is used
for the collected whole of the statements of both parties; the term "pleading" for each separate part of the pleadings.
The object of the pleadings is to secure that both parties shall know what are the real issues between them. A plaintiff must (in certain cases) deliver a statement of claim; a defendant must put in a defence and he may also plead a setoff or counterclaim. The plaintiff must (in certain cases) reply to the defence, and must put in a defence to the counterclaim. The rules of pleading are so framed as to restrict the length of pleadings as much as possible. So "every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved." The pleader must confine himself to material facts—but an al legation may be material though it is not necessary. He must confine himself, too, to facts material at that stage of the action.
With a view to avoiding prolixity, the rules provide that a contract which is to be implied from a series of letters or conversations, or from various circumstances, may be referred to as a fact without setting out all the letters, etc., in detail. But reference to those letters, etc., and the substance of material conversation must be given. Matters of law need not be pleaded to. But even though it may necessitate a long and elaborate statement, all material facts must be set out in a pleading. If material, dates, names and items are not given, the pleader may be ordered to give particulars. A pleading may contain alter native and inconsistent allegations.
As indicated above, particulars may be ordered if a pleading is not sufficiently explicit. Particulars may be necessary to indi cate to the opponent the nature of the evidence required by him.
A few examples must suffice. In an action for libel where the defendant has alleged that the plaintiff is a "swindler," or a "felon," pleads that the words are true, he must give particulars sLowing the nature of the alleged swindle or felony. In an action in which a plaintiff, suing for the balance of monies alleged to be due, gives credit for a lump sum, he must give particulars showing how the lump sum is made up. Where the plaintiff claims general damages (e.g., in an action for personal injuries) "it,000," he need not give particulars showing how he arrives at that figure; but if he claims special damage, e.g., "i i oo for medical ex penses," consequent upon the injury, particulars will be ordered. It is no answer to a claim for particulars that they are within the applicant's own knowledge. He may still desire to know what facts the other party is going to rely upon in support of his case. Sometimes, however, a litigant asked to give particulars will be allowed to interrogate his opponent before complying with the order.