107. Substitution of creditor or partner for original petitioner.
Where a petitioner-
(a) is not entitled to present a petition, or
(b) fails to advertise his petition within the time specified by these rules or by order of Tribunal or such extended time as the Tribunal may allow with cost, or
(c) consents to withdraw the petition, or to allow it to be dismissed, or the hearing to be adjourned or fails to appear in support of his petition when it is called on in Tribunal on the day originally fixed for the hearing thereof, or any day to which the hearing has been adjourned, or
(d) if appearing, does not apply for an order in terms of the prayer of his petition.
or
where in the opinion of the Tribunal, there is other sufficient cause for an order being made under this rule, the Tribunal may, by an order, upon such terms as it may think just, substitute as petitioner any creditor or partner who, in the opinion of the Tribunal, would have a right to present a petition, and who is desirous of presenting the petition.
(5) Where a member makes an order substituting a creditor or partner as petitioner in winding up petition, such petitioner shall pay an additional fee equivalent to the half of the amount of the original fee paid in the original petition. |