Substitution of petitioner permitted when original petitioner lacks entitlement or defaults, allowing creditor or contributory to prosecute. Courts may order substitution as petitioner where the original petitioner lacks entitlement, fails to comply with advertising requirements, withdraws or permits dismissal or adjournment, fails to appear or to press the prayer of the petition, or where other sufficient cause exists; the Court may in its discretion substitute any creditor or contributory who would have a right to present the petition and who is willing to prosecute it, on such terms as the Court thinks just.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Substitution of petitioner permitted when original petitioner lacks entitlement or defaults, allowing creditor or contributory to prosecute.
Courts may order substitution as petitioner where the original petitioner lacks entitlement, fails to comply with advertising requirements, withdraws or permits dismissal or adjournment, fails to appear or to press the prayer of the petition, or where other sufficient cause exists; the Court may in its discretion substitute any creditor or contributory who would have a right to present the petition and who is willing to prosecute it, on such terms as the Court thinks just.
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