Full legislation
s.33
Substitution of creditor or contributory for withdrawing petitioner
When a petitioner is not entitled to present a petition or whether so entitled or
not, where he (a) fails to advertise his petition within the time by these rules
prescribed or such extended time as the Registrar may allow or (b) consents to withdraw
his petition, or to allow it to be dismissed, or the hearing adjourned, or fails to
appear in support of his petition when it is called on in court on the day originally
fixed for the hearing thereof, or on any day to which the hearing has been adjourned, or
(c) if appearing, does not apply for an order in the terms of the prayer of his
petition, the court may, upon such terms as it may think just, substitute as petitioner
any creditor or contributory who in the opinion of the court would have a right to
present a petition, and who is desirous of prosecuting the petition. An order to
substitute a petitioner may, where a petitioner fails to advertise his petition within
the time prescribed by these rules or consents to withdraw his petition, be made in
chambers at any time.