(1) Where a deceased person was interested, or the estate of a deceased person is interested, in a question in a proceeding and the deceased person has no personal representative, the Court may:
(a) proceed in the absence of a person to represent the estate of the deceased; or
(b) by order (with the consent of the person appointed) appoint a person to represent the estate for the purpose of the proceeding.
(2) An order under subrule (1), and a judgment or order subsequently given or made in the proceeding, binds the estate of the deceased person as it would had a personal representative of the deceased been a party.
(3) Before making an order under this rule, the Court may require notice of the application for the order to be given to a person having an interest in the estate.
Order 17 Partners and sole proprietors